Tex. Health & Safety Code § 313.002

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 313.002 - Definitions

In this chapter:

(1) "Adult" means a person 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.
(2) "Attending physician" means the physician with primary responsibility for a patient's treatment and care.
(3) "Decision-making capacity" means the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment and the ability to reach an informed decision in the matter.
(3-a) "Home and community support services agency" means a facility licensed under Chapter 142.
(4) "Hospital" means a facility licensed under Chapter 241.
(5) "Incapacitated" means lacking the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to any proposed treatment decision.
(6) "Medical treatment" means a health care treatment, service, or procedure designed to maintain or treat a patient's physical or mental condition, as well as preventative care.
(7) "Nursing home" means a facility licensed under Chapter 242.
(8) "Patient" means a person who:
(A) is admitted to a hospital;
(B) is residing in a nursing home;
(C) is receiving services from a home and community support services agency; or
(D) is an inmate of a county or municipal jail.
(9) "Physician" means:
(A) a physician licensed by the Texas State Board of Medical Examiners; or
(B) a physician with proper credentials who holds a commission in a branch of the armed services of the United States and who is serving on active duty in this state.
(10) "Surrogate decision-maker" means an individual with decision-making capacity who is identified as the person who has authority to consent to medical treatment on behalf of an incapacitated patient in need of medical treatment.

Tex. Health and Safety Code § 313.002

Amended By Acts 2011, 82nd Leg., R.S., Ch. 253, Sec. 1, eff. 9/1/2011.
Amended By Acts 2007, 80th Leg., R.S., Ch. 1271, Sec. 1, eff. 9/1/2007.
Added by Acts 1993, 73rd Leg., ch. 407, Sec. 1, eff. 9/1/1993.