Expressed Consent definition

Expressed Consent. Means the child/youth or legally responsible person has specifically consented, in writing, to the treatment or intervention. As a practice issue, expressed consent cannot occur without first obtaining and documenting informed consent.

Expressed Consent means consent in writing, including consent conveyed electronically that bears an electronic signature.

Examples of Expressed Consent in a sentence

• Expressed Consent Expressed consent (written or verbal) will be obtained for any procedure which carries a risk that the patient is likely to consider as being substantial.

• Expressed Consent In circumstances where more specific dietetic interventions are required, a more formal approach to obtaining consent should be taken.

• Results: Due to the Colorado Expressed Consent Law, each of the three cases had blood samples collected within one hour of the incident time.

• In my view, omitting such an instruction comports with the Expressed Consent Statute, doesn’t impair the prosecutor’s latitude to argue that the jury should draw an adverse inference from the evidence of the defendant’s refusal, and avoids the disfavored practice of giving instructions that highlight particular evidence.

• Soon after the Turbyne decision, the General Assembly amended the Expressed Consent Statute by adding section 42-4-1301.1(2)(a.5)(I), providing that an officer isn’t bound by the driver’s choice between a breath or blood test under subsection 1301.1(2)(a)(I) if “extraordinary circumstances” prevent completing the selected test.

• We conclude that if the General Assembly had intended to prohibit what the officer did in this case, it would have included language in the Expressed Consent Statute specifying that an officer can proceed under subsection 1301.1(2)(a)(I) or (2)(b)(I), but not both.

• In Colorado, a person who chooses to drive a vehicle in this State is deemed to have consented to the terms of Colorado’s Expressed Consent Statute by virtue of his driving.

• The Expressed Consent Statute, at its outset, applies only to DUI suspects.

• The current version of the law is the Expressed Consent Statute (“the Statute”),1 codified at section 42-4-1301.1. The Statute provides that any person who drives in the state is required to submit to a test to determine the alcoholic content of the person’s blood or breath when requested to do so by a law enforcement officer who has probable cause to believe the person was driving under the influence of alcohol.

• Schaufele, 2014 CO 43, 325 P.3d 1060, the trialcourt reasoned that while Colorado’s Expressed Consent Statute, section 42-4-1301.1, C.R.S. (2016), deems drivers to have consented to a blood or breath test, this statutory consent did not satisfy the consent exception to the warrant requirement because it did not afford the unconscious driver the chance to return to consciousness and revoke his consent.