Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter J - SURROGATE DECISION-MAKING
Section 261.281 - Purpose

Universal Citation: 26 TX Admin Code ยง 261.281

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

(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.

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