Verbal authorization can be valid in healthcare under specific circumstances, but it depends on the context, the type of information being disclosed, and applicable laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA).
When is verbal authorization permissible?
Verbal authorization is sometimes a practical and legally permissible alternative to written consent. Here are common situations where it may be used:
- Emergency situations: Healthcare providers may rely on verbal authorization to proceed with life-saving treatments when obtaining written consent is not feasible. For instance, a physician might ask a patient’s relative for verbal consent to perform a critical procedure if the patient is unconscious.
- HIPAA and disclosures: According to 45 CFR § 164.510(b), covered entities may obtain an “individual's oral agreement or objection to a use or disclosure.”
- Informal care decisions: In day-to-day healthcare operations, verbal consent is often used for non-invasive procedures or low-risk decisions. For instance, a nurse might ask a patient for verbal authorization before administering a routine vaccination or drawing blood for a lab test.
See also: How does HIPAA differentiate between consent and authorization?
Limitations of verbal authorization
While verbal authorization offers flexibility, it also has limitations that make it unsuitable for certain situations:
- High-risk procedures: For surgeries, complex treatments, or procedures with significant risks, written consent is mandatory to ensure that patients fully understand the implications and that their agreement is well-documented.
- Legal and regulatory requirements: In many jurisdictions, laws mandate written authorization for specific actions, such as releasing medical records to third parties or enrolling patients in clinical trials. Verbal authorization in such cases may lead to legal challenges.
- Lack of evidence: Unlike written consent, verbal authorization does not leave a tangible record, which creates challenges during disputes or audits, where evidence of patient consent is required.
See also: HIPAA Compliant Email: The Definitive Guide
Best practices for using verbal authorization
Document the authorization
After receiving verbal consent, healthcare providers should document the details in the patient’s medical record. This includes:
- The date and time of the authorization.
- The specific information or procedure authorized.
- The name of the individual providing the consent.
- The healthcare professional obtaining authorization.
Use witnesses
Whenever possible, involve a witness during verbal authorization. A third party can corroborate that consent was obtained and provide additional credibility if needed.
Record the interaction
In jurisdictions where it is legally permissible, recording the verbal consent (with the patient’s knowledge) can serve as a reliable record. However, this approach must comply with privacy laws.
Follow up with written confirmation
Whenever feasible, follow verbal authorization with written confirmation. For example, send a summary of the verbal agreement to the patient or their representative for acknowledgment.
Read also: Sharing patient information with authorization
FAQs
What is verbal authorization?
Verbal authorization refers to a patient’s spoken agreement to disclose or use their health information.
Are there situations where verbal consent is not allowed?
Yes. Non-routine uses of information, such as marketing or research, usually require written authorization under HIPAA regulations.
Tshedimoso Makhene
