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Consent to examination and treatment - Barts Health NHS Trust

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COR/POL/046/2012-001<br />

whether or not they agree <strong>to</strong> authorised staff, who are not directly involved in<br />

their clinical care, accessing their health records <strong>to</strong> obtain relevant personal<br />

information. There is also space on the consent form for the patient <strong>to</strong> list their<br />

preference for tissue use <strong>and</strong> any exclusions.<br />

4.9 Research involving reproductive cloning or testing for inherited diseases is not<br />

covered by the consent for research taken as part of operations / <strong>treatment</strong>.<br />

Explicit consent for this must be obtained from the patient.<br />

4.10 The completed triplicate consent form will be distributed as follows:<br />

<br />

Gold Copy – <strong>to</strong> be filed in the patient’s health records<br />

White Copy*– <strong>to</strong> be placed in the health records<br />

* If tissue specimens are taken, this copy will then be sent <strong>to</strong> Pathology by the<br />

theatre, clinic, or unit staff with the specimens <strong>and</strong> then it will be forwarded <strong>to</strong> the<br />

Human Tissue Resource Centre. If no specimens are taken, the form should<br />

remain filed in the health record.<br />

<br />

Blue Copy – <strong>to</strong> be given <strong>to</strong> the patient.<br />

For further information <strong>and</strong> advice on any aspects of the Human Tissue Act,<br />

consent <strong>and</strong> research, please access the <strong>Trust</strong>s Human Tissue Resource Centre<br />

via the link below<br />

www.barts<strong>and</strong>thelondon.nhs.uk/research/human_tissue_resource_centre.asp<br />

5 CLINICAL PHOTOGRAPHY AND CONVENTIONAL OR DIGITAL VIDEO<br />

RECORDINGS<br />

5.1 Pho<strong>to</strong>graphic <strong>and</strong> video recordings made for clinical purposes form part of a<br />

patient’s record. Although consent <strong>to</strong> certain recordings, such as X-rays, is<br />

implicit in the patient’s consent <strong>to</strong> the procedure, health professionals should<br />

always ensure that they make clear in advance if any pho<strong>to</strong>graphic or video<br />

recording will result from that procedure.<br />

5.2 Pho<strong>to</strong>graphic <strong>and</strong> video recordings which are made for treating or assessing a<br />

patient must not be used for any purpose other than the patient’s care or the<br />

audit of that care, without the express consent of the patient or a person with<br />

parental responsibility for the patient. The one exception <strong>to</strong> this principle is set<br />

out in paragraph 3 below. If you wish <strong>to</strong> use such a recording for education,<br />

publication or research purposes, you must seek consent in writing, ensuring that<br />

the person giving consent is fully aware of the possible uses of the material. In<br />

particular, the person must be made aware that you may not be able <strong>to</strong> control<br />

future use of the material once it has been placed in the public domain. If a child<br />

is not willing for a recording <strong>to</strong> be used, you must not use it, even if a person with<br />

parental responsibility consents.<br />

5.3 Pho<strong>to</strong>graphic <strong>and</strong> video recordings, made for treating or assessing a patient <strong>and</strong><br />

from which there is no possibility that the patient might be recognised, may be<br />

used within the clinical setting for education or research purposes without<br />

express consent from the patient, as long as this policy is well publicised.<br />

However, express consent must be sought for any form of publication.<br />

5.4 If you wish <strong>to</strong> make a pho<strong>to</strong>graphic or video recording of a patient specifically for<br />

education, publication or research purposes, you must first seek their written<br />

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