Legal Standards

As the benefits of shared decision-making become better understood, lawmakers have begun to establish legal standards around the concept. In 2007, Washington became the first state to endorse the benefits of doctors and patients using shared decision-making tools and processes when confronting important treatment choices.

This is the first acknowledgment by a state legislature that medical outcomes can be improved by patient-practitioner communication that includes the use of high-quality decision aids like brochures, DVDs and online tools. By formally recognizing shared decision-making in the state’s laws, Washington is encouraging collaborative efforts to develop, certify, use and evaluate these tools.

The legislation also directs the state Health Care Authority to set up shared decision-making demonstration projects at one or more group practice sites. These projects will assess patient understanding of treatment options, alignment between patient values and the care they receive, and the cost effectiveness of shared decision-making in clinical practice. These efforts, currently underway, will form an important knowledge base for future programs nationwide.




Significantly, the legislation also provides legal protection to physicians who choose to engage in shared decision-making with their patients. A provision on informed consent offers a higher standard of protection to physicians whose patients sign an acknowledgment that shared decision-making tools and processes have been used.
Download the materials below to learn more about this new vision of informed consent.

Rethinking Informed Consent: The Case for Shared Medical Decision-Making by Jaime Staples King and Benjamin Moulton
Executive Summary (Word doc)
Full Article (pdf)


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