26 Tex. Admin. Code § 261.284 - Making Informed Decisions
(a) If,
based on the assessment described in §
261.283 of this chapter (relating
to Informed Decision Assessment), a community program provider determines that
an individual has the capacity to make an informed decision and to communicate
the decision, free from coercion or undue influence, about the proposed
treatment, medication, or procedure, the community program provider must allow
the individual to consent to or refuse the proposed treatment, medication, or
procedure.
(b) If, based on the
assessment described in §
261.283 of this chapter, the
community program provider determines that the individual does not have the
capacity to make an informed decision about the proposed treatment, medication,
or procedure, the community program provider must obtain an informed decision
from:
(1) the individual's IDT, in accordance
with §
261.285 of this chapter (relating
to IDT Decisions);
(2) a surrogate
decision-maker in accordance with §
261.286 of this chapter (relating
to Surrogate Decision-Maker); or
(3) a surrogate consent committee in
accordance with §
261.288 of this chapter (relating
to Surrogate Consent Committee Decisions), §
261.289 of this chapter (relating
to Submission of Application Packet for Surrogate Consent Committee), §
261.291 of this chapter (relating
to Notice of Hearing and Documents Provided to Surrogate Consent Committee),
and §
261.293 of this chapter (relating
to Surrogate Consent Committee Hearing).
Notes
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