Is express or implied consent required?
Under the HRIP Act, consent may usually be either express or implied. It is generally preferable to seek express consent, although it will depend on the nature of the health information and the proposed conduct. In two circumstances the HRIP Act specifically requires express consent from the person. These are: • under HPP 4, where a person can expressly consent to waive their right to be notified when health information is collected about them, and • under HPP 15, where a person’s express consent is needed to participate in a state or national electronic health records system. • Express consent Express consent is consent that is clearly and unmistakably communicated. Express consent may be given in writing, orally or in any form where the consent is clearly communicated. Wherever practicable, express consent should be sought in writing. If a person gives their express consent orally or by other means such as through a language or sign interpreter, you should document this in your recor
