Which of the following is NOT one of the conditions for implied consent?

The correct answer is that the PHI must be obtained from a third-party source; this condition is not one that pertains to implied consent. Implied consent generally relates to situations where consent is inferred from the circumstances rather than explicitly stated. For healthcare situations, implied consent can arise when patients engage in actions that reasonably suggest they agree to treatment or the collection of their health information.

For implied consent to be applicable, the health information custodian (HIC) must indeed be authorized to rely on it, which means they have a clear guideline or regulatory framework that supports the use of implied consent in their practices. Additionally, the purpose of collecting personal health information (PHI) must indeed be aligned with providing healthcare, ensuring that it serves a legitimate medical purpose. Moreover, a fundamental aspect of implied consent is that the HIC remains unaware if consent is actually withheld; this allows for a smoother provision of healthcare services where the patient’s permission is assumed based on their actions or the context of the situation.

The notion that PHI must be obtained from a third-party source does not fit within the framework of implied consent. Implied consent typically applies to information obtained directly from the patient or in situations where the patient’s actions lead to a presumption of consent,