2023 Consent Law Seminar: Resources

This post has been archived and contains information that may be out of date.

Presentations will be available online only; download today.
Be sure to download the materials in advance; WiFi access on-site may be limited.

8:00 – 9:00 a.m. | Check in and Continental Breakfast

9:00 – 9:45 a.m. | Basics of Consent

A solid foundation can prove valuable in many situations – this session will cover “simple” vs “informed” consent and help you help patients make meaningful decisions about whether to have certain procedures. Topics to be addressed include: 

  • Which procedures require informed consent  
  • Emergency exceptions 
  • Physician responsibilities 
  • Documentation requirements 

9:45 – 10:30 a.m. | Who May Give Consent 

California law creates many gray areas regarding the authority to consent to medical treatment, and new statutes impact surrogate decision-makers and behavioral health in advance directives. The presenter will address legal requirements and nuances regarding who can give consent, and cover the special requirements related to minors. 

10:30 – 10:45 a.m. | Break

10:45 – 11:15 a.m. | Dobbs  Abortion Decision Implications 

This session will discuss the effects of the Dobbs decision on hospitals, focusing on the case law around EMTALA’s intersection with state laws regulating abortion access and implications for medical staffs in California. The presenter will provide updates on how the Dobbs decision has affected health care in California and address the challenges of navigating an entirely new area of regulation. 

11:15 a.m. – 12:15 p.m. | Cannabis and other New Laws 

Cannabis is high on the list of significant changes risk managers and privacy officers need to know about. The presenter will address the Office of Health Care Affordability, price caps, APOT, and new laws including: 

  • AB 864 – fentanyl and drug screening  
  • AB 1394 – mandatory suicide screening 
  • AB 2091 – subpoenas re: abortion 
  • SB 107 – subpoenas re: gender-affirming care 
  • AB 2223 – coroner notification of abortion-related deaths 
  • AFL 20-38.7 – hospital visitors 

12:15 – 1:15 p.m. | Hosted Luncheon

1:15 – 2:15 p.m. | Complex Patient Discharges: Your Limited Legal Toolkit and Other Strategies  

Discharging patients who no longer require acute care can be challenging. Some patients refuse to leave. Others lack capacity, and their decisionmakers refuse to agree to the discharge plan, and the list of complications goes on and on. This presentation will provide a legal framework for evaluating complex cases and provide practical tools to help manage particularly difficult cases. 

2:15 – 3:00 p.m. | Scenes from the Field, Part I

Truth is stranger than fiction and nothing can replace experience for knowing how to deal with difficult issues under duress. Hear some of the most provocative consent situations to arise in California hospitals, challenge yourself to think how you would handle a similar experience and discover the thinking that led to sound decisions in the field.

3:00 – 3:15 p.m. | Break 

3:15 – 4:00 p.m. | Scenes from the Field, Part II

Truth is stranger than fiction and nothing can replace experience for knowing how to deal with difficult issues under duress. Hear some of the most provocative consent situations to arise in California hospitals, challenge yourself to think how you would handle a similar experience and discover the thinking that led to sound decisions in the field.

Jackie Garman
Vice President, Legal Counsel
California Hospital Association

Jacquelyn Garman, JD, is Vice President, legal counsel for California Hospital Association. Ms. Garman oversees and coordinates the association’s legal representation on litigation critical to the hospital industry and assists with the legal impact of legislation and regulations on hospitals. Prior to joining CHA, Ms. Garman served as general counsel for Children’s Hospital & Research Center Oakland from 2006-2014, where her responsibilities also included serving as the organization’s risk manager.

Julia B. Michael
Senior Counsel
Kaiser Foundation Hospitals / Health Plan

Julia Michael is senior counsel for Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals. Julia provides day-to-day legal support to regional and local Kaiser Permanente hospital and health plan executives in California and Hawaii, with a focus on legal, risk and compliance issues related to consent, EMTALA, privacy, medical staff, credentialing, and quality. Julia also provides legal support to Kaiser Permanente’s national leadership on issues related to reproductive health and gender-affirming care, complex patient discharges and workplace safety.

To get started simply download the free CHA Manuals App from the Apple App Store or Google Play Store.

PDFs for CHA Publications can be downloaded here.

For additional assistance and other inquiries, email CHA’s Education Department at education@calhospital.org.