26 Tex. Admin. Code § 261.281

Current through Reg. 49, No. 49; December 6, 2024
Section 261.281 - Purpose
(a) The purpose of this subchapter is to describe a process by which certain treatment decisions are made by an IDT, surrogate decision-maker, or surrogate consent committee on behalf of an individual who lacks the capacity to make an informed decision about the proposed treatment, medication, or procedure and has no LAR. A treatment decision involves giving or denying consent for a treatment, medication, or procedure for an individual.
(b) The process described in this subchapter applies only to a treatment decision for an individual regarding:
(1) the use of a psychoactive medication;
(2) a highly restrictive procedure;
(3) major medical treatment;
(4) major dental treatment;
(5) a risk to individual protection and rights; or
(6) the release of records related to the individual's condition or treatment to facilitate the treatment to which a surrogate decision-maker or surrogate consent committee has consented.
(c) This subchapter does not apply to a decision for an individual regarding:
(1) experimental research;
(2) sterilization:
(3) management of funds;
(4) electroconvulsive treatment; or
(5) abortion.

26 Tex. Admin. Code § 261.281

Adopted to be effective July 1, 2007, 32 TexReg 3856; Transferred from Title 40, § 9.281 by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6127, eff. 10/1/2020