______ define who is able to provide consent for care, and the nurse is responsible for knowing the laws of the state in which they practice and the policies of their employer regarding consent.

• A. Federal Law
• B. State Law
• C. Common Law
• D. Local Ordinance

Answer: (B)

Consent to care is defined by state law because who can authorize medical treatment is established at the state level. Federal law offers broad patient rights and some protections, but it does not set the general rule for who may give consent in routine medical care. While common law and local ordinances may influence aspects of consent in certain contexts, they do not provide the primary, uniform standard used in healthcare across a state. That’s why nurses must know the specific state statutes and how their employer implements them.

In practice, this means identifying who is authorized to consent for a given patient—such as a parent or legal guardian for a minor, or a legally designated surrogate for someone who lacks capacity—and ensuring informed consent is obtained and properly documented. The nurse’s role includes recognizing capacity, confirming authorization, and following both state law and employer policy to protect the patient and provide lawful, ethical care.