25 Tex. Admin. Code § 604.3 - Informed Consent for Electroconvulsive Therapy
(a)
Health and Safety Code (HSC) §578.003, relating to Consent to Therapy,
requires the Texas Department of State Health Services (DSHS) to adopt a
standard written consent form to be used when electroconvulsive therapy is
considered. HSC §578.003 requires that the form include the minimum
information which is also required by the Texas Medical Disclosure Panel
(panel) for electroconvulsive therapy. HSC §578.003 states that use of the
consent form prescribed by DSHS in the manner described by HSC §578.003
creates a rebuttable presumption that the disclosure requirements of Texas
Civil Practice and Remedies Code §
74.102
have been met.
(b) The panel
recognizes that DSHS has adopted a written consent form for electroconvulsive
therapy in §
405.108 of this title (relating to
Informed Consent to ECT).
(c) If
the DSHS consent form is in compliance with HSC §578.003, and contains the
minimum information required by the panel for electroconvulsive therapy,
specifically the risks and hazards identified by the panel, a physician or
health care provider using the DSHS consent form for electroconvulsive therapy
is not required to use both the DSHS form and the panel's Disclosure and
Consent - Medical Care and Surgical Procedures form to document consent for the
electroconvulsive therapy. This section does not constitute approval of DSHS's
current consent form or of DSHS's assessment of the risks and hazards
associated with electroconvulsive therapy.
(d) If the physician or healthcare provider
will be administering List A anesthesia or analgesia in conjunction with
electroconvulsive therapy, the panel recommends utilization of the panel's
Disclosure and Consent - Anesthesia and /or Perioperative Pain Management
(Analgesia) form set out at §
604.5(1) or (2)
of this chapter (relating to Disclosure and Consent Form for Anesthesia and/or
Perioperative Pain Management (Analgesia)) to document disclosure and consent
for the anesthesia and analgesia. The panel's form includes the risks and
hazards identified by the panel for List A anesthesia and analgesia.
Notes
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