PATIENT CONSENT TO TREATMENT AGREEMENT
(Arizona – Governed by Applicable State Medical Law)
[// GUIDANCE: This template is intentionally comprehensive. Practitioners should delete inapplicable bracketed options, adjust for the specific procedure, and confirm compliance with the most current Arizona medical-licensing board rules, facility bylaws, and payer requirements.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Schedules & Exhibits
1. DOCUMENT HEADER
1.1 Title. Patient Consent to Treatment Agreement (the “Agreement”).
1.2 Parties.
(a) Health-Care Provider: [PRACTICE NAME], an Arizona professional [corporation/LLC/partnership/sole proprietorship], located at [ADDRESS] (“Provider”).
(b) Patient: [PATIENT FULL LEGAL NAME], residing at [ADDRESS], DOB [MM/DD/YYYY] (“Patient”).
(c) Authorized Representative (if any): [NAME], acting pursuant to [health-care power of attorney/parental authority/guardianship].
1.3 Effective Date. This Agreement becomes effective on the earlier of (i) the date signed by Patient (or Authorized Representative), or (ii) the commencement of any Treatment (the “Effective Date”).
1.4 Recitals.
A. Provider is duly licensed under Arizona law to render the health-care services described herein.
B. Patient desires to receive, and Provider agrees to furnish, the Treatment (as defined below) subject to the terms of this Agreement and in compliance with Arizona’s informed-consent standards, disclosure mandates, and capacity requirements.
C. Adequate consideration exists, including Provider’s agreement to treat and Patient’s agreement to the obligations set forth herein.
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.
“Applicable Law” means all federal, state, and local statutes, regulations, and professional standards governing the provision of medical services in Arizona, including without limitation Arizona’s informed-consent and capacity requirements.
“Authorized Representative” has the meaning given in Section 1.2(c).
“Consent” means the knowing, voluntary, and competent authorization by Patient (or Authorized Representative) for Provider to furnish the Treatment after full disclosure and opportunity for questions.
“PHI” means protected health information as defined under the Health Insurance Portability and Accountability Act (“HIPAA”).
“Services” means all professional services, ancillary services, supplies, medications, and follow-up related to the Treatment.
“Treatment” means the specific medical, surgical, diagnostic, or therapeutic intervention more fully described in Schedule A.
“Written Notice” means a written communication delivered by (i) hand; (ii) certified U.S. mail, return receipt requested; (iii) nationally-recognized overnight courier; or (iv) secure electronic means expressly agreed by the Parties.
3. OPERATIVE PROVISIONS
3.1 Consent to Treatment.
(a) Patient hereby grants Consent for Provider to perform the Treatment and all reasonably related Services.
(b) Patient acknowledges receipt and review of:
(i) Schedule A (Description of Treatment, Material Risks, Benefits, Alternatives, and Expected Outcomes);
(ii) Schedule B (Financial Disclosures and Assignment of Insurance Benefits); and
(iii) Schedule C (Notice of Privacy Practices).
3.2 Right to Withdraw Consent. Patient may revoke Consent at any time by Written Notice, provided that:
(a) revocation shall not affect Services already rendered; and
(b) in emergent circumstances, Provider may complete any medically-necessary steps to preserve life or prevent serious harm.
3.3 Financial Responsibility. Patient agrees to the payment terms in Schedule B and remains responsible for all charges not covered by insurance or third-party payers.
3.4 Coordination of Care. Patient authorizes Provider to disclose relevant PHI to consulting practitioners, laboratories, and facilities as reasonably necessary to facilitate the Treatment in compliance with Applicable Law.
3.5 Conditions Precedent. Provider’s obligation to perform the Treatment is contingent upon (a) verification of Patient’s identity and capacity; (b) completion of all pre-operative or pre-procedure evaluations; and (c) receipt of any required pre-authorizations.
4. REPRESENTATIONS & WARRANTIES
4.1 Patient Representations. Patient (or Authorized Representative) represents and warrants that:
(a) Capacity. Patient is at least eighteen (18) years old or otherwise possesses legal capacity to consent, OR an Authorized Representative with valid authority is executing this Agreement.
(b) Accurate Information. All medical history, allergies, medications, and other disclosures made to Provider are complete and accurate to the best of Patient’s knowledge.
(c) Opportunity for Questions. Patient was afforded ample opportunity to ask questions and received satisfactory answers.
(d) No Outside Promises. No guarantee, warranty, or assurance of cure or specific outcome has been made by Provider.
4.2 Provider Representations. Provider represents and warrants that:
(a) Licensure. Provider and all individuals rendering Services are properly licensed and in good standing in Arizona.
(b) Standard of Care. Services will be performed in accordance with the prevailing professional standard of care under Applicable Law.
4.3 Survival. All representations and warranties shall survive the completion of the Treatment for the period permitted by Applicable Law.
5. COVENANTS & RESTRICTIONS
5.1 Patient Covenants.
(a) Compliance. Patient will comply with all pre- and post-Treatment instructions.
(b) Disclosure. Patient will promptly inform Provider of any changes in health status, medications, or insurance coverage.
(c) Conduct. Patient will treat Provider’s personnel with respect and shall not engage in disruptive behavior.
(d) Recording. Patient shall not record audio or video in clinical areas without Provider’s prior written consent.
5.2 Provider Covenants.
(a) Confidentiality. Provider will maintain Patient’s PHI in compliance with HIPAA and Applicable Law.
(b) Communication. Provider will inform Patient of any material changes in Treatment plan as soon as reasonably practicable.
(c) Emergency Transfer. If required, Provider will arrange for emergency transfer to an appropriate facility.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Patient Default. Failure to (i) provide accurate information, (ii) follow material medical instructions, or (iii) fulfill financial obligations.
(b) Provider Default. Material breach of Section 4.2 or gross deviation from the standard of care.
6.2 Notice & Cure.
(a) Non-Emergency Breach. The non-defaulting Party shall provide Written Notice of breach. The defaulting Party will have five (5) business days—or such shorter period as medically necessary—to cure.
(b) Immediate Threat. No cure period is required if a default poses an imminent threat to safety or health.
6.3 Remedies.
(a) Patient Remedies. In addition to rights under Applicable Law, Patient may terminate this Agreement or seek appropriate legal relief.
(b) Provider Remedies. Provider may (i) suspend non-emergency Services; (ii) discharge Patient; and/or (iii) pursue collection of unpaid charges, subject to ethical duties and notice requirements.
6.4 Attorneys’ Fees. The prevailing Party in any dispute arising under this Agreement shall be entitled to reasonable attorneys’ fees and costs, except as limited by Applicable Law.
7. RISK ALLOCATION
7.1 Informed-Consent Protection; Indemnification.
Patient acknowledges the disclosed risks in Schedule A and agrees that Provider is not liable for those disclosed, inherent risks that materialize despite adherence to the standard of care. Patient shall indemnify and hold harmless Provider from claims arising solely out of Patient’s own willful misconduct or omission of materially-relevant information.
[// GUIDANCE: Arizona public policy prohibits contractual waivers of medical malpractice liability. Do NOT attempt to disclaim negligence or professional malpractice.]
7.2 Limitation of Liability.
Nothing in this Agreement limits Provider’s liability for professional negligence, willful misconduct, or violations of Applicable Law. Any permissible limitation shall apply only to incidental, economic, or consequential damages unrelated to professional negligence.
7.3 Insurance. Provider maintains professional liability insurance in compliance with Arizona law. Patient is encouraged to maintain personal health-care coverage.
7.4 Force Majeure. Neither Party is liable for delay or failure to perform non-medical administrative obligations due to events beyond reasonable control (e.g., natural disasters, acts of terrorism, or governmental action).
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and all disputes hereunder are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
8.2 Forum Selection. Unless Section 8.3 is elected, jurisdiction and venue lie exclusively in the state courts located in [COUNTY], Arizona.
8.3 OPTIONAL Binding Arbitration.
☐ Patient ELECTS arbitration ☐ Patient DECLINES arbitration
If elected, any dispute (except emergency injunctive relief) shall be resolved by confidential, binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association then in effect, conducted in [CITY], Arizona. Judgment on the award may be entered in any court of competent jurisdiction.
8.4 Jury Trial. Nothing herein constitutes a waiver of any constitutional right to trial by jury.
8.5 Injunctive Relief. Either Party may seek limited provisional or injunctive relief in a state court of competent jurisdiction to preserve the status quo pending arbitration or litigation.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver is effective unless in writing and signed by both Parties. A waiver on one occasion is not a waiver of any subsequent breach.
9.2 Assignment. Patient may not assign rights or delegate duties without Provider’s prior written consent. Provider may assign this Agreement to an entity owning or acquiring substantially all of Provider’s practice, provided the assignee assumes all obligations herein.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective permitted successors and assigns.
9.4 Severability. If any provision is held invalid or unenforceable, it shall be narrowly construed, modified, or severed to the minimum extent necessary, and the remainder of the Agreement will remain in full force.
9.5 Integration. This Agreement, together with all Schedules and any HIPAA authorization, constitutes the entire understanding and supersedes all prior agreements related to the Treatment.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic or facsimile signatures are binding to the same extent as originals under Arizona law and the federal E-SIGN Act.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
PROVIDER
[NAME & CREDENTIALS], on behalf of [PRACTICE NAME]
Date: _______
PATIENT
☐ Patient ☐ Authorized Representative
Signature
Name (print): ___
Relationship (if Representative): _
Date: _______
WITNESS (if required)
Witness Signature
Name (print): ___
Date: ____
INTERPRETER (if used)
I certify accurate and complete translation of this Agreement.
Interpreter Signature
Name (print): ___
Language: ___
Date: ____
[// GUIDANCE: Attach notary block if facility policy or payer requires notarization.]
11. SCHEDULES & EXHIBITS
• Schedule A – Description of Treatment, Material Risks, Benefits, Alternatives, and Likelihoods
• Schedule B – Financial Disclosures, Fee Schedule, and Assignment of Insurance Benefits
• Schedule C – Notice of Privacy Practices (HIPAA)
• Exhibit 1 – Arbitration Rules (if arbitration elected)
[// GUIDANCE: Update Schedule A with procedure-specific risk statistics sourced from current, peer-reviewed literature. Use plain language alongside medical terminology to satisfy disclosure standards.]
End of Document