26 Tex. Admin. Code § 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.
Notes
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