Neither, and it is NOT a law, it is a legal CONCEPT which, briefly, states that a patient must be told or made aware of what procedure(s) are about to be used in their treatment AND that person must be mentally and physically aware of what is being told them.
state law
In the US, all vaccines require informed consent per federal law.
Patient's rights are established under HIPAA, a federal law. Additional patient's rights are established federal laws providing for informed consent and the right to access medical records. Most states have their own patient's rights laws, also. HIPAA is an acronym for Health Information Privacy Act.
Brian F. Hoffman has written: 'The law of consent to treatment in Ontario' -- subject(s): Informed consent (Medical law), Patients, Legislation, Legal status, laws, Informed Consent
Assuming you are in the US, you'd have to look at state law rather than federal. Some states allow a conversation to be taped without the consent of one party. Some require that both parties are informed.
James E. Ludlam has written: 'Informed consent' -- subject(s): Informed consent (Medical law)
T. M. Grundner has written: 'Informed consent' -- subject(s): Forms, Informed consent (Medical law), Medical ethics
State law can be more detailed than federal law, but cannot conflict with federal law. Therefore, a state law cannot determine that a federal law is invalid. The state would have to, instead challenge the federal law as an unconstitutional intrusion on state rights.
Federal law takes precedence over state law.
A state law is created by the state and only pertains to that single state. A federal law is created by the national government and is enforced throughout the whole nation. Federal law overrides state law.
federal law preempts state regulations when a federal law regulates that particular subject.
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law