Michael Ring (Mayo, Fine Gael)
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834. To ask the Minister for Health the legal procedure in circumstances (details supplied); and if he will make a statement on the matter. [52158/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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If a patient is undergoing a surgical procedure, they have the right to refuse a particular doctor (Consultant or NCHD) or student to be present at the procedure. This is the right of all patients and would be the standard for both the private and public health sector. It is standard practice for the consultant to request permission from the patient for a medical student to observe. In cases where the patient does not give consent the medical student will leave the room. This principle is outlined the in HSE National Healthcare Charter – You and Your Health service.

It is a general legal and ethical principle that valid consent must be obtained before commencement of an examination, physical investigation, or treatment. To treat a patient without their consent is a violation of their constitutional rights including bodily integrity and privacy and transgresses the fundamental tenant of medical law; the patient’s autonomy and right to self-determination.

The Medical Council deals with this issue in the Guide to Professional Conduct and Ethics for Registered Medical Practitioners under Section 70 Teaching and Medical Students paragraph 70.3 states that students must get permission from patients before they interview or examine them.

Also, in the Medical Council Guidelines for Medical Schools on Ethical Standards and Behaviour appropriate for Medical Students it states: As a medical student you should respect the right of a patient to decline to be seen by a medical student.