Clinical Teaching and Consent: An Analysis of New Zealand's Legal Requirements for Obtaining Consent to Clinical Teaching Involving Consumers of Health and Disability Services

J Law Med. 2024 May;31(1):130-150.

Abstract

Student involvement in patient care without consent has attracted recent attention in New Zealand. New Zealand's Code of Health and Disability Services Consumers' Rights (Code) gives patients the right to give or refuse consent to participate in clinical teaching, but its practical application to clinical teaching, particularly postgraduate, is unclear. This article explores the history and precedent of the Code and ethical considerations, to inform where amendment to the Code is desirable in the interests of clarity, pragmatism, and to reflect better the legislature's intent.

Keywords: clinical teaching; consent; patient rights; students.

MeSH terms

  • Disabled Persons / legislation & jurisprudence
  • Humans
  • Informed Consent* / legislation & jurisprudence
  • New Zealand