26 Tex. Admin. Code § 320.59 - Documentation of Informed Consent
(a) Informed
medication consent must be obtained for each individual medication, not by
medication class.
(b) Informed
consent for the administration of each psychoactive medication will be
evidenced by a completed copy of the department's form, Consent to Treatment
with Psychoactive Medication (MHRS 9-7 form (or other format including the same
information)) executed by the patient or his or her LAR. A copy of which may be
obtained by contacting TDMHMR, Office of Policy Development, P.O. Box 12668,
Austin, TX 78711-2668.
(1) Any time the
medication regimen is altered in a way that would result in a significant
change in the risks or benefits for the patient, an explanation of the change
will be provided to the patient and the patient's legally authorized
representative. The explanation will include notification of the right to
withdraw consent at any time.
(2) A
new consent will be obtained if a change to a different medication is
prescribed.
(c) If the
patient or his or her LAR consents to the administration of psychoactive
medication but refuses or is unable to execute the form, a witness to the
consent will be obtained. The consent and its witnessing will be documented in
the patient's medical record or on the MHRS 9-7 form (or other format including
the same information) and placed in the medical record. The witness will
confirm this consent by signing the consent form.
(d) If the RN, LVN, PA, or RPh gives the
initial explanation of the consent information to the patient, then the
treating physician must confirm the explanation and the consent and sign the
MHRS 9-7 form (or other format including the same information) within two
working days, not including weekends or legal holidays.
(e) A patient's refusal or attempt to refuse
to receive psychoactive medication, whether given verbally or by other
indications or means, will be documented in the progress notes of the patient's
clinical record or on the consent form (MHRS 9-7 form (or other format
including the same information)).
(f) An LAR's refusal to consent for the
patient's treatment will be documented in the patient's medical
record.
(g) All consents will be
reviewed with the patient and his or her legally authorized representative at
least annually. The review will include a discussion of the information
outlined in § 414.404 of this title (relating to Information Required To
Be Given) as well as a discussion of the patient and his or her legally
authorized representative's wishes regarding continuation of the
medication.
Notes
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