(a) The procedures requiring full disclosure--List A, the procedures requiring no disclosure--List B and the disclosure and consent form were first published in the December 15, 1981, issue of the Texas Register as § 601.1 of this title (relating to Procedures Requiring Full Disclosure (List A)), § 601.2 of this title (relating to Procedures Requiring No Disclosure (List B)), and § 601.3 of this title (relating to Disclosure and Consent Form) and initially became effective on June 1, 1982.(b) The first amendments to § 601.1 of this title and § 601.2 of this title were published in the December 3, 1982, issue of the Texas Register and became effective on January 1, 1983.(c) The second amendments to § 601.1 of this title and § 601.2 of this title were published in the November 23, 1984, issue of the Texas Register and became effective on January 1, 1985.(d) The third amendments to § 601.1 of this title and § 601.2 of this title were published in the April 19, 1988, issue of the Texas Register and became effective on May 2, 1988.(e) The fourth amendment to § 601.1 of this title was published in the July 21, 1989, issue of the Texas Register and became effective on August 3, 1989.(f) Further amendments to § 601.1 of this title and § 602.2 of this title and new § 601.4 of this title (relating to Radiation Therapy Disclosure and Consent Form) were published in the February 2, 1990, issue of the Texas Register and became effective on May 3, 1990.(g) Effective October 3, 1995, §§ 601.1 - 601.4 of this title were repealed and replaced with new § 601.1 of this title (relating to General), § 601.2 of this title (relating to Procedures Requiring Full Disclosure (List A)), § 601.3 of this title (relating to Procedures Requiring No Disclosure (List B)), and § 601.4 of this title (relating to Disclosure and Consent Form), § 601.5 of this title (relating to Radiation Therapy Disclosure and Consent Form), this section, and § 601.7 of this title (relating to Informed Consent for Electroconvulsive Therapy). The sections were repealed to incorporate List A and List B into Texas Register format. In addition, sections were added to include general provisions; to provide a history of the rules of the panel; and to adopt a section which addresses informed consent for electroconvulsive therapy.(h) Effective October 23, 1997, § 601.2 of this title was amended to update risks and hazards requiring full disclosure prior to performing abdominal endoscopic/laparoscopy procedures and endoscopic surgery of the thorax.(i) Effective February 18, 1998, § 601.4 of this title and this section were amended and new § 601.8 of this title (relating to Hysterectomy Disclosure and Consent Form) were added to address legislative requirements relating to informed consent for hysterectomies. Section 601.8 of this title adopts a form to be used in providing informed consent prior to performing a hysterectomy and applies to hysterectomies performed at least 90 days after the date of publication of adopted § 601.8 of this title in the Texas Register.(j) Effective September 1, 2003, by Acts 2003, 78th Texas Legislature, Regular Session, Chapter 204, §10.01, Texas Civil Statutes, Article 4590i, Subchapter F, relating to informed consent was recodified to the Texas Civil Practice and Remedies Code, Chapter 74, Medical Liability, Subchapter C, §74.102 (relating to Texas Medical Disclosure Panel).(k) Effective March 18, 2004, § 601.2 of this title (relating to Procedures Requiring Full Disclosure--List A) was amended to include the addition of clarifying and new language to subsection (g) concerning female genital system treatments and procedures. Risks were identified for dilation and curettage of uterus (diagnostic/therapeutic); surgical abortion/dilation and curettage/dilation and curettage/dilation and evacuation; and medical abortion/non-surgical procedures.(l) Effective October 16, 2005, § 601.2 of this title (relating to Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was amended to include the addition of clarifying and new language concerning the cardiovascular system and nervous system treatments and procedures. Section 601.3 of this title (relating to Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was amended to remove procedures relating to the nervous system and radiology. Sections 601.4 and 601.5 were amended to include a Spanish language version of the disclosure and consent form for medical and surgical procedures, and the disclosure and consent form for radiation therapy. Section 601.8 was amended to make editorial corrections to the disclosure and consent for hysterectomy form and correct a difference between the English and Spanish language versions of the form.(m) Effective March 4, 2007, § 601.2 of this title (relating to Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was amended to include procedures and risks and hazards for anesthesia, the digestive system treatments and procedures, the endocrine system treatments and procedures, and the hematic and lymphatic system. Section 601.3 of this title (relating to Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was amended to add and rename procedures relating to the digestive system.(n) Effective January 16, 2012, § 601.2 of this title (relating to Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was amended to revise and include procedures and risks and hazards for the cardiovascular system, digestive system treatments and procedures, eye treatments and procedures, female genital system treatments and procedures, male genital system, maternity and related cases, musculoskeletal system treatments and procedures, radiology, respiratory system treatments and procedures, urinary system and pain management procedures. Section 601.3 of this title (relating to Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was amended to revise and include procedures relating to maternity and related cases, musculoskeletal system, respiratory system, urinary system, and pain management procedures. Section 601.9 of this title (relating to Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management (Analgesia)) was added to include a disclosure and consent form for anesthesia and/or perioperative pain management (analgesia).(o) Effective December 5, 2012, § 601.2 of this title (relating to Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was amended to revise and include procedures and risks and hazards for the following systems: anesthesia, cardiovascular, musculoskeletal, and radiology. Section 601.3 of this title (relating to Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was amended to revise and include procedures for the following systems: cardiovascular, musculoskeletal, and radiology. A Spanish language version of the Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management (Analgesia) was added to § 601.9 of this title (relating to Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management (Analgesia)).(p) Effective January 15, 2015, § 601.2 of this title (relating to Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was amended to revise procedures and risks and hazards for the Hematic and Lymphatic System. Additionally, a new subsection (u) was added for Dental Surgery Procedures. Section 601.3 of this title (relating to Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was amended to revise procedures for anesthesia. Section 601.9 of this title (relating to Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management (Analgesia) was amended to add Deep Sedation and Moderate Sedation to the anesthesia consent form. Both the English and Spanish language versions of the forms were amended.(q) Effective January 7, 2016, § 601.2 of this title (relating to Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was amended to revise procedures and risks and hazards for female genital system treatments and procedures and laparoscopic/thoracoscopic surgery, and adds a new subsection (v) plastic surgery. Section 601.4 of this title (relating to Disclosure and Consent Form) for medical and surgical procedures, and § 601.8 of this title (relating to Disclosure and Consent Form for Hysterectomy) were amended to add risks and hazards related to the use of blood and blood products, risks and hazards related to the use of a power morcellator in laparoscopic surgery, and deletion of references to anesthesia.(r) Effective December 24, 2017, § 601.2 of this title was amended to revise procedures and risks and hazards for Anesthesia. Section 601.9 of this title (relating to Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management (Analgesia)) was amended to remove "Monitored Anesthesia Care" and to add risks and hazards related to potential long-term negative effects with the use of prolonged (greater than 3 hours) or repeated exposure to anesthesia on the fetus of a woman in her 3rd trimester of pregnancy and on a child up to 3 years of age.25 Tex. Admin. Code § 601.2
The provisions of this §601.2 adopted to be effective October 3, 1995, 20 TexReg 7486; amended to be effective October 23, 1997, 22 TexReg 10318; amended to be effective March 18, 2004, 29 TexReg 2646; amended to be effective November 28, 2004, 29 TexReg 10780; amended to be effective October 16, 2005, 30 TexReg 6435; amended to be effective March 4, 2007, 32 TexReg 902; amended to be effective January 16, 2012, 36 TexReg 8557; amended to be effective December 5, 2012, 37 TexReg 7487; Amended by Texas Register, Volume 39, Number 44, October 31, 2014, TexReg 8577, eff. 1/15/2015; Amended by Texas Register, Volume 40, Number 41, October 9, 2015, TexReg 7073, eff. 1/7/2016; Amended by Texas Register, Volume 42, Number 51, December 22, 2017, TexReg 7408, eff. 12/24/2017; Amended by Texas Register, Volume 43, Number 33, August 17, 2018, TexReg 5367, eff. 8/22/2018; Amended by Texas Register, Volume 46, Number 45, November 5, 2021, TexReg 7612, eff. 11/10/2021; Amended by Texas Register, Volume 47, Number 26, July 1, 2022, TexReg 3821, eff. 7/7/2022; Adopted by Texas Register, Volume 48, Number 51, December 22, 2023, TexReg 7985, eff. 12/26/2023