42 C.F.R. § 35.15
Consent to operative procedures
Except in emergencies when the patient is physically or mentally incapable of consenting and the delay required to obtain the consent of his natural or legal guardian would seriously endanger the patient's health, no operative procedure shall be undertaken unless the patient or, in the case of a minor or incompetent, his natural or legal guardian gives his consent, nor shall any major operative procedure or the administration of a general anaesthetic be undertaken unless such consent has been obtained in writing. The consent or refusal of consent shall be made a part of the clinical record.
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: Clarence Abner v. Mobile Infirmary Hosp., 149 F. App'x 857 (11th Cir. 2005).
Clarence Abner v. Mobile Infirmary Hosp., 149 F. App'x 857 (11th Cir. 2005). “PER CURIAM: Clarence and Janice Abner, proceeding pro se, appeal the district court’s dismissal of their complaint, which alleged violations of the Medicare Statute, 42 C.F.R. § 35.15 , 1 and Ala.Code § 22-8-1, 2 without first granting them leave to amend pursuant to Fed.”
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