Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES
Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
Section 405.101 - Purpose

Universal Citation: 25 TX Admin Code ยง 405.101

Current through Reg. 49, No. 38; September 20, 2024

The purpose of this subchapter is:

(1) to establish uniform procedures for informed consent to ECT;

(2) to establish statewide reporting requirements for the use of ECT and other procedures;

(3) to establish statewide registration requirements for ECT equipment;

(4) to prohibit the use of ECT in persons under 16 years of age;

(5) to prohibit the administration of ECT by any person not licensed to practice medicine in Texas; and

(6) to provide explicit safeguards for patients in all facilities of the Texas Department of Mental Health and Mental Retardation, community mental health and mental retardation centers, private inpatient psychiatric hospitals licensed by the Texas Department of Health under the Texas Health and Safety Code, Chapter 577, and psychiatric units of hospitals licensed by the Texas Department of Health under the Texas Health and Safety Code, Chapter 241, by:

(A) establishing appropriate limits for the therapeutic utilization of electroconvulsive therapy;

(B) establishing current guidelines of the American Psychiatric Association and the Food and Drug Administration as the references of choice in questions of practice related to ECT, except to the extent that they conflict with the provisions of the Health and Safety Code, Title 7, Subtitle C, Chapter 578; and

(C) prohibiting the use of chemical or gaseous agents for convulsive therapy except as a research procedure conducted in accordance with Subchapter Q of this chapter (relating to Departmental Procedures for the Protection of Human Subjects Involved in Research).

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