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 261.284 - Making Informed Decisions
Current through Reg. 49, No. 38; September 20, 2024
(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:
