What is an appropriate use of implied consent?

Implied consent is an important concept in professional practice, particularly within the context of providing services. It refers to situations where an individual’s agreement to a procedure or service is inferred from their actions or the context rather than being explicitly stated. In scenarios where routine services are provided, such as a behavior analyst engaging directly with a client who is already receiving services, the behavior of the client—such as approaching the provider or participating cooperatively—can indicate their agreement to continue with those services.

In such cases, the absence of objections and active cooperation imply that the client is comfortable with and consents to the ongoing interaction. This contrasts sharply with situations that involve invasive procedures or complex interventions that require a clear and informed consent process, as those situations necessitate explicit acknowledgment from the client regarding what they are agreeing to. Additionally, legal documentation typically requires explicit consent to protect client rights and provider liability, rather than relying on inferred agreement. Personal conversations with clients may not qualify as services where implied consent is appropriate, as those interactions may not be part of the professional services being offered and might involve different ethical considerations.

Thus, the use of implied consent is best exemplified in routine services where the client’s behavior demonstrates agreement.