Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL
Division 8 - USE OF PSYCHOTROPIC MEDICATION
Section 749.1603 - If my agency employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give consent before requesting his consent for the child to be placed on psychotropic medication?
Universal Citation: 26 TX Admin Code § 749.1603
Current through Reg. 50, No. 13; March 28, 2025
(a) Before requesting the person's written consent to give the child psychotropic medication, the prescribing health-care professional must give the following in writing or document a discussion with the person or a combination of both:
(1) The
child's diagnosis;
(2) The nature
of the child's mental illness or condition;
(3) An explanation of the purpose of the
medication;
(4) A description of
the benefits expected;
(5) A
description of any accompanying discomforts and risks, including those which
could result from long-term use of the medication, and possible side effects,
including side effects that are known to frequently occur in persons, side
effects to which the child may be predisposed, and the nature and possible
occurrence of irreversible symptoms;
(6) A statement of whether the medication is
habituating in nature;
(7)
Alternative interventions to the use of psychotropic medication that have been
attempted and that have been unsuccessful;
(8) Other alternative treatments or
procedures to the use of the psychotropic medication;
(9) Risks and benefits of the alternative
treatments or procedures;
(10)
Risks and benefits of not receiving or undergoing a treatment or
procedure;
(11) An explanation that
the person legally authorized to give medical consent may ask questions about
the child's response to the medication, and may review your daily records on
request; and
(12) An explanation
that the person legally authorized to give medical consent may withdraw consent
and request the medication be discontinued at any time.
(b) The health-care professional must offer to answer any questions the person legally authorized to give consent has about the medication.
(c) The person must sign a consent form that acknowledges that you have provided all of the information set forth in subsection (a) of this section. A copy of this signed consent form must be filed in the child's record.
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