Seminar

2023 Consent Law Seminar

Locations: Burbank, Sacramento, and Livestream Option
May 23, 2023 | 9:00AM - 4:00PM PT
May 31, 2023 | 9:00AM - 4:00PM PT

This post has been archived and contains information that may be out of date.

May 23, 2023 | Burbank
May 31, 2023 | Sacramento
May 31, 2023 | Livestream

CHA has developed the 2023 Consent Law Seminar to help hospitals stay current on important changes in the law. This is your opportunity to gain insights on legislative and regulatory updates and learn from frontline experiences.

This seminar will focus on legal gray areas in everyday consent issues and address the implications of new health care-related laws. Experienced speakers will offer guidance on challenging situations, including compliance with state law requiring hospitals to allow cannabis. The seminar will begin with consent basics then delve into situations sure to challenge seasoned risk managers and privacy officers.

Topics to be addressed include:

  • “Simple” vs “informed” consent
  • California’s new protections on access to abortion and gender-affirming care after Dobbs
  • A framework for managing complex discharge situations
  • Who can give consent, including explanation of a new law listing permissible surrogate decision makers
  • Ambulance patient offload times (APOT)
  • Provocative consent scenarios from California hospitals
  • New laws on drug and suicide screening, subpoenas

See the agenda for details and join us to share experiences, earn continuing education (CE) credits, and hear how others handle tough consent situations.

Recommended for: Risk managers, privacy officers, compliance officers, in-house legal counsel, nurses and nurse managers, social workers, emergency department staff, discharge planners, and administrators.

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.

May 23, 2023 | Burbank
Marriott Los Angeles Burbank Airport
2500 N. Hollywood Way
Los Angeles, CA 91505

May 31, 2023 | Sacramento
SAFE Credit Union Convention Center (Sacramento Convention Center)
1401 K Street
Sacramento, CA 95814

Tuition fees are for in-person seminars or livestream event on May 31

*Members $335 
**Nonmembers $570
*Members are CHA member hospitals, CHA associate members and government agencies.
**Nonmembers are limited to non-hospital health care providers, clinics, post-acute facilities, and consultants, insurance companies, law firms and other entities that serve hospitals. Education programs and publications are a membership benefit and are not available to eligible nonmember California hospitals.

Presentations will be available online only: You will receive an email before the event with instructions on how to download the presentations to your laptop/tablet for viewing on-site or to print and bring with you. Be sure to download the materials in advance; WiFi access on-site may be limited.

Cancellation Policy/Late Payment: A $50 non-refundable processing fee will be retained for each cancellation. Cancellations must be made in writing seven or more days prior to the scheduled session and emailed to education@calhospital.org. No refunds will be made after these dates for in-person or livestream events. Substitutions are encouraged. 

Please note: payment is due on or before the program. Payments not received by the seminar date may be subject to a 10% late fee. In the unlikely event the program is cancelled, CHA will fully refund paid participants within 30 days.

Special Accommodations or Questions: If you require special accommodations pursuant to the Americans with Disabilities Act, or have other questions, please call (916) 552-7637.

Quality Assurance/Grievance: We welcome your feedback. If you have any concerns or dissatisfaction with the quality of a CHA education program please contact Robyn Thomason, Vice President, Education at (916) 552-7514 or email rthomason@calhospital.org. The CHA education quality assurance/grievance policy is available upon request by emailing rthomason@calhospital.org.

Photo and/or Livestream Video Release: CHA may photograph and/or livestream this event. If you prefer not to be photographed or visible during the livestream, please email CHA at education@calhospital.org.

Full attendance at the educational session or livestream event is a prerequisite for receiving professional continuing education (CE) credit. Attendees must sign in at the seminar, complete post-event survey and, when required, include state bar or professional license number. Livestream participants must attest to participation in post-event survey. CE certificates will be emailed approximately three weeks after the seminar. Lunch and breaks are not included for continuing education credit. (Amount of CE offered subject to change.)

Compliance —  The Compliance Certification Board (CCB)® has approved this event for up to 6.6  live CCB CEUs. Continuing Education Units are awarded based on individual attendance records. Granting of prior approval in no way constitutes endorsement by CCB of this event content or of the event sponsor.

Health Care Executives — CHA is authorized to award 5.5 hours of pre-approved ACHE Qualified Education Credit for this program toward advancement, or recertification, in the American College of Healthcare Executives. Participants in this program who wish to have the continuing education hours applied toward ACHE Qualified Education Credit must self-report their participation. To self-report, participants must log into their MyACHE account and select ACHE Qualified Education Credit.

Legal — CHA is a State Bar of California approved MCLE provider. This participatory activity has been approved for 5.5 hours of MCLE credit. Provider #1980.

Nursing — Provider approved by the California Board of Registered Nursing, CEP #11924, for 5.5 Contact Hours.

Risk Manager — This meeting has been approved for a total of 5.5 contact hours of Continuing Education Credit toward fulfillment of the requirements of ASHRM designations of FASHRM (Fellow) and DFASHRM (Distinguished Fellow) and towards CPHRM renewal.

CHA no longer prints manuals; content is released in ePubs.

Members may access the current Consent Manual ePub, and all CHA ePubs, from the Download Library and in the CHA Manuals App. The 2023 edition will be posted upon completion.

Nonmembers may contact publications@calhospital.org for more information.

Livestream is here! Why? Because livestream allows you to hear and view the seminar from the convenience of your own office or conference room. Livestream attendees can ask questions during the program, just like in-person attendees, and have the same access to presentations as in-person attendees.

Livestream tuition entitles the registrant to:

  • a single connection to the event (NOTE: don’t risk your connection by sharing with othersonly one connection will be allowed in.)
  • CEs (you must attest to participation to receive CE credit)