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Topic: Prior written consent

Related Topics

age of consent

informed consent

Advise and Consent

Consenting Adults

Argument from common consent

consent decree

consensual non consent

advice and consent

Good Practice in Consent Advisory Group

legally consent

engineering of consent

prior written consent

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	1995/11/09; U.S. Senate Testimony; Family Privacy Protection Act
		A prior written consent procedure is likely to undermine the validity of study conclusions by negatively affecting participation rates and introducing response bias.
		The process required to obtain written parental consent for school-based research often places unnecessary burden on school administrators and teachers, detracts from important instructional time, and may produce response that are so low as to threaten the quality and usefulness of the data.
		If written parental consent procedures reduce the feasibility and accuracy of school-based surveys and increases their cost, it may be necessary for more researchers to collect data on children using home-based surveys.
	aspe.hhs.gov /datacncl/hhstest3.htm (5422 words)

	[No title]
		The defendants assert that since the evidence was uncontested that Winthrop Southeast did not give prior written consent to the assignment from the Loan Trust to NLI as required by the terms of the Note, NLI failed to establish that it was a valid holder by assignment.
		NLI's failure to obtain written consent to an assignment of this non-recourse obligation was not merely a breach of the Note's terms.
		Prior written consent was a condition precedent to assignment of the Note and, since such consent was not obtained, the Loan Trust's purported assignment to NLI was invalid.
	www.courts.state.va.us /txtops/1982474.txt (1926 words)

	2003 NYSlipOp 18419
		For example, the landlord's consent to one subtenant does not relieve the obligation to obtain prior written consent as to future sublets (Article 9.01), and the listing of the subtenant's name on the door or building directory shall not be deemed a consent (Article 9.07).
		After plaintiff's treasurer testified, by written notice dated July 18, 2002, defendant served a default notice stating that plaintiff was in violation of the lease by virtue of the subletting without prior written consent.
		Admitting that it had placed the subtenants in possession without defendant's prior written consent, plaintiff cited, in support of its claim of waiver, that defendant consented to the subletting, that the subtenants' names are listed on the building directory and that defendant accepted rent from plaintiff with knowledge of the subtenancies.
	www.courts.state.ny.us /reporter/slips/18419.htm (1259 words)

	Assignment and Subletting
		Assignment and Subletting: The Lessee may assign this lease or sublet the leased premises with written consent of the Lessor; said consent shall not be unreasonably withheld.
		Consent to an assignment or subletting shall not be unreasonably withheld.
		Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting.
	www.sitenet.com /toolkit/lease/database/l15.htm (1618 words)

	National Association Of Chain Drug Stores
		Requiring pharmacists and pharmacies to obtain prior patient written consent before a prescription could be filled could delay the ability of patients to get needed medication in a timely fashion and possibly adversely affect their health outcome.
		Such a prior consent requirement was considered in the draft stage by HHS officials as unworkable, and rejected its use in the proposed rule.
		New and Refill PrescriptionsThe requirement of a prior written consent means that pharmacists may not be able to fill or refill prescriptions for patients, and prescriptions called in by physicians may not be filled until that consent is on file at the pharmacy.
	www.nacds.org /wmspage.cfm?parm1=1432 (988 words)

	Testimony by Susan Wnckler for the August 21, 2001 NCVHS Subcommittee on Privacy and Confdentiality Hearings
		This requirement is overly restrictive and a substantial deviation from the 1999 proposed rule, in which the concept of prior consent was considered, rejected and replaced with a statutory authorization.
		Requiring prior written consent for these activities will create administrative obstacles and may discourage providers from seeking the most effective and appropriate treatment for their patients.
		This consent form would allow the physician to disclose patient information to pharmacists and other providers which, in-turn, would be allowed to use and disclose patient information for the purposes of treatment, payment, and health care operations.
	www.ncvhs.hhs.gov /010821p5.htm (3065 words)

	2000-2001 Undergraduate Programs Catalog
		It is the policy of UMUC (1) to permit students to inspect their education records, (2) to limit disclosure to others of personally identifiable information from education records without students’ prior written consent, and (3) to provide students the opportunity to seek correction of their education records where appropriate.
		This information is disclosed even in the absence of consent unless the student files written notice, within three weeks of the first day of the semester in which the student begins each school year, informing UMUC not to disclose any or all of the categories.
		Unless disclosure is to the student himself or herself, the consent must be written, signed, and dated, and must specify the records to be disclosed, the identity of the recipient, and the purpose of the disclosure.
	www.umuc.edu /ugp/catalog00_01/appendix_f.shtml (1583 words)

	FDIC: 1997 - Docket No. FDIC-89-29e, FDIC-89-96-ej
		Respondent argues that because he must seek the prior written consent of the FDIC every time he wants to pursue positions with greater responsibility in the mortgage banking field, he is effectively foreclosed from continuing on his career path.
		The consent granted herein is limited to Respondent's activities in mortgage banking and shall not otherwise affect the existing prohibition on participating in the conduct of the affairs of an insured depository institution, including specifically the prohibition from engaging in activities involving the purchase, sale, or trading of securities or the pricing of securities.
		Respondent must also seek the prior written consent of the appropriate Federal financial institutions regulatory agency, as that term is defined in section 8(e)(7)(D) of the Act, 12 U.S.C. § 1818(e)(7)(D), should he wish to participate in the conduct of the affairs of an insured depository institution over which the FDIC does not have jurisdiction.
	www.fdic.gov /bank/individual/enforcement/16180.html (2083 words)

	FERPA Online Library - Letter to Auburn University re: National Student Clearinghouse (Site not responding. Last check: 2007-10-30)
		However, in the absence of the Student's prior written consent, NSC was not permitted to search the University's database to ascertain whether or not the Student had attended the University because the verification of the Student's SSN, constitutes a prohibited disclosure under FERPA.
		By letter dated August 30, 2004, we informed the University of our finding that, in the absence of the Student's prior written consent, NSC was not permitted to use the Student's social security number to identify her when searching the University's database to verify that she had received a degree.
		Accordingly, there is no requirement that a student provide his or her prior written consent authorizing the use of a social security number because no such number is submitted in the process.
	www.ed.gov /policy/gen/guid/fpco/ferpa/library/auburnuniv.html (2412 words)

	[No title]
		CONSULTANT shall obtain endorsements to all insurance policies by which each insurer is required to provide thirty (30) days prior written notice to the CITY should the policy be canceled before the expiration date.
		Any attempt to assign or delegate this Agreement without the written consent of the CITY shall be void and of no force and effect.
		A consent by the CITY to one assignment shall not be deemed to be a consent to any subsequent assignment.
	archives.californiaaviation.org /help/doc00009.doc (1557 words)

	Assignment - Clauses and Explanations
		Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
		It prohibits any assignment of the agreement without the prior written consent of the other parties, but indicates that such consent shall not be unreasonably withheld.
		As discussed in Example 2, permitting assignments without prior written approval of the other parties in the event of business reorganizations is acceptable, provided that the assigning party offers concrete guarantees that the contract will be performed in the same way that it would have had there been no assignment.
	www.library.yale.edu /~llicense/assigcls.shtml (441 words)

	Genetic Testing
		A statement that prior to signing the consent form, the consenting person discussed with the medical practitioner ordering the test the reliability of positive or negative test results and the level of certainly that a positive test result for that disease or condition serves as a predictor of such disease.
		A statement that the consenting person was informed about the availability and importance of genetic counseling and provided with written information identifying a genetic counselor or medical geneticist from whom the consenting person might obtain such counseling.
		Informed consent is most effective when it is part of a bilateral process involving a dialog of questions and answers between a patient and his/her medical practitioner.
	www.athenadiagnostics.com /site/content/diagnostic_ed/genetic_testing.asp (924 words)

	Tulsa Consent to Sublease
		CONSENT TO SUBLEASE This consent to sublease is entered into as of ________[date] by and among ________, a ________[state of incorporation] Corporation (“Landlord”), ________ a ________[state of incorporation] Corporation (“Sublessor”), and ________ Corporation, a ________[state of incorporation] Corporation (“Sublessee”).
		Landlord consents to the sublease of the Premises between Sublessor and Sublessee dated ________; (the “Sublease”), a copy of which Sublease is attached hereto and made a part of this document as Exhibit “A,” subject to the following terms and conditions: 1.
		Upon the execution of this Consent and the Sublease, Sublessee agrees to be fully bound and obligated under all the terms and conditions of the Master Lease.
	www.reneekaplan.com /Tulsa-Consent-to-Sublease.html (490 words)

	Acadadvisinggeneral
		As such, it is the practice of the University (1) to permit students to inspect their education records (2) to limit disclosure to others of personally identifiable information from education records without student's prior written consent, and (3) to provide students the opportunity to seek correction of their education records where appropriate.
		This directory information will be disclosed even in the absence of consent unless the student files written notice informing UMBC not to disclose any or all of the categories within three weeks of the first day of the semester in which, the student begins each school year.
		A student who believes that information contained in his or her education records is inaccurate, misleading, or in violation of the student's rights of privacy may submit a written request to the appropriate custodian specifying the document(s) being challenged, and the basis for the complaint.
	www.umbc.edu /registrar/DisclosureofRecords.html (2271 words)

	University of the Pacific Privacy Policy
		As such, it is the policy of the university (1) to permit students to inspect their education records, (2) to limit disclosure to others of personally identifiable information from education records without students’ prior written consent, and (3) to provide students the opportunity to seek correction of their education records where appropriate.
		This information will be disclosed even in the absence of consent unless the student files written notice requesting the University not to disclose any of the categories within three weeks of the first day of the semester in which the student begins each school year.
		A student who believes that information contained in his or her education records is inaccurate, misleading, or violative of privacy or other rights may submit a written request to the Office of the Registrar specifying the document(s) being challenged and the basis for the complaint.
	www.pacific.edu /admission/privacy/index.asp (1870 words)

	IDEA Complaint Decision No. 99-042 - Kimberly Area School District (Site not responding. Last check: 2007-10-30)
		On December 7, 1998, the district sent the complainants a form entitled "Notice and Consent for Additional Tests." The notice identifies the areas to be evaluated, the specific tests to be used, the name of the evaluator, and her qualifications.
		A school district must obtain informed, written parental consent before administering tests or other evaluation materials to a child with a disability as part of a reevaluation, except that such consent need not be obtained if the district has taken reasonable measures to obtain such consent and the child's parents have failed to respond.
		The district did not obtain written consent from the parents prior to the child's reevaluation.
	www.dpi.state.wi.us /sped/com99042.html (1196 words)

	Office of the Budget Analyst: I. Testing of Employees for Communicable Diseases
		The requirements of obtaining written consent prior to testing any individual for HIV are also contained in the San Francisco Municipal Code.
		Even if informed consent was the requirement for HIV testing, the requirements of providing informed consent cannot be met by simply telling the individual being tested that the testing procedure is voluntary.
		As previously noted, written consent is not required to administer a TB skin test, or vaccination for flu or tetanus.
	www.ci.sf.ca.us /site/budanalyst_page.asp?id=5044 (3060 words)

	Archive: Action Alert for School Based Research 1/30/02
		You may be aware that APA has worked in coalition with a number of science, education and public health organizations to protect the ability of scientists to conduct research in schools without having an absolute requirement of prior, written parental consent.
		As of this month, students in New Jersey public schools can't be asked this kind of personal question on a survey without their parents' prior written consent.
		In the few schools that require active consent, he said, MTF researchers have found that many parents don't return the consent form — "they didn't open their mail or get around to answering it," Mr.
	www.apa.org /ppo/ppan/swashtimes.1.29.html (1118 words)

	Copyright notice
		No part of either publication may be reproduced in any material form, including electronic means, without the prior written permission of the copyright owner.
		The publishers have checked the information in the website but its accuracy is not warranted or guaranteed.
		Written permission must be obtained before linking to other pages of this website.
	www.gardenvisit.com /in/copyright.htm (328 words)

	Letter to the National Association of Independent Colleges & Universities re: Degree Verification Services -- FERPA ...
		FERPA contains an exemption to the prior written consent requirement that permits an educational agency or institution to disclose personally identifiable information from education records to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
		While degree and enrollment status may be designated and disclosed as directory information, there is no exception to the prior written consent rule that allows disclosure of non-directory, personally identifiable information such as a SSN from a student's education records to confirm or verify a student's degree or enrollment status.
		In other words, this prior written consent would permit NSC to match the student's SSN in its database with the SSN submitted by the requester for identification purposes incident to a search of its database for purposes of providing degree or enrollment verification information.
	www.ed.gov /policy/gen/guid/fpco/ferpa/library/fullerltr.html (1280 words)

	Alterations
		Lessee will not, without the prior written consent of Lessor, make or suffer to be made any prior written consent of Lessor, make or suffer to be made any alterations, improvements or additions which will affect the structural portions of the premises.
		In the event Lessor consents to the proposed alterations, additions, or improvements the same shall be at Lessee's sole cost and expense, and Lessee shall hold Lessor harmless on account of the cost thereof.
		Alterations: The Lessee shall have the right during the term of this lease subject to the Lessor's prior written approval to make alterations, attach fixtures and erect additions, structures or signs in or upon the leased premises, said approval not to be unreasonably delayed or withheld.
	www.sitenet.com /toolkit/lease/database/l11.htm (2139 words)

	JHC (Site not responding. Last check: 2007-10-30)
		It is the policy of the Millard School District that proper notification be given to parents and that written consent be obtained from patents or legal guardians under conditions described in this policy.
		Written parental consent is valid only if a parent or legal guardian has been first given written notice and a reasonable opportunity to obtain written information concerning:
		(b) A general consent, including a general consent used to approve admission to or involvement in a special education or remedial program or regular school activity, does not constitute written consent under this section.
	www.millard.k12.ut.us /policies/j/Jhc.htm (435 words)

	M.G.L. - Chapter 111, Section 70g
		“Informed written consent”, a written consent form for the requested release of a person’s genetic information, or the release of genetic information, or for the release of medical records containing such information.
		Such written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information.
		“Prior written consent”, a written consent form signed by the person who is the subject of the test or, if that person lacks capacity to consent, signed by the person authorized to consent for such person which form shall not be a general waiver or consent for genetic testing and which shall include:—
	www.mass.gov /legis/laws/mgl/111-70g.htm (695 words)

	ECC Class Schedule & Catalog (Site not responding. Last check: 2007-10-30)
		It is the intent of this institution to limit the disclosure of information contained in your education records to those instances when prior written consent has been given to the disclosure or under the provisions of FERPA which allow disclosure without prior written consent.
		Education records do not include records of instruction, administrative, and educational personnel which are the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute, records of the law enforcement unit, student health records, employment records or alumni records.
		The institution is not required to permit students to inspect and review confidential letters and recommendations placed in their files prior to January 1, 1975, provided those letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected.
	www.elgin.edu /cscat2index.asp?id=4428 (643 words)

	ppra
		However, McPherson USD 418 may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures.
		Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the United States Department of Education:
		Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without con-sent.
	www.mcpherson.com /418/parent/ppra.html (871 words)

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