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Texas Civil Practice & Remedies Code - Section 74.107. Informed Consent For Hysterectomies

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 74.107. Informed Consent For Hysterectomies

§ 74.107. INFORMED CONSENT FOR HYSTERECTOMIES.  (a) The 
disclosure panel shall develop and prepare written materials to 
inform a patient or person authorized to consent for a patient of 
the risks and hazards of a hysterectomy.
	(b)  The materials shall be available in English, Spanish, 
and any other language the panel considers appropriate.  The 
information must be presented in a manner understandable to a 
layperson.
	(c)  The materials must include:                                               
		(1)  a notice that a decision made at any time to refuse 
to undergo a hysterectomy will not result in the withdrawal or 
withholding of any benefits provided by programs or projects 
receiving federal funds or otherwise affect the patient's right to 
future care or treatment;
		(2)  the name of the person providing and explaining 
the materials;         
		(3)  a statement that the patient or person authorized 
to consent for the patient understands that the hysterectomy is 
permanent and nonreversible and that the patient will not be able to 
become pregnant or bear children if she undergoes a hysterectomy;
		(4)  a statement that the patient has the right to seek 
a consultation from a second physician;
		(5)  a statement that the patient or person authorized 
to consent for the patient has been informed that a hysterectomy is 
a removal of the uterus through an incision in the lower abdomen or 
vagina and that additional surgery may be necessary to remove or 
repair other organs, including an ovary, tube, appendix, bladder, 
rectum, or vagina;
		(6)  a description of the risks and hazards involved in 
the performance of the procedure;  and
		(7)  a written statement to be signed by the patient or 
person authorized to consent for the patient indicating that the 
materials have been provided and explained to the patient or person 
authorized to consent for the patient and that the patient or person 
authorized to consent for the patient understands the nature and 
consequences of a hysterectomy.
	(d)  The physician or health care provider shall obtain 
informed consent under this section and Section 74.104 from the 
patient or person authorized to consent for the patient before 
performing a hysterectomy unless the hysterectomy is performed in a 
life-threatening situation in which the physician determines 
obtaining informed consent is not reasonably possible.  If 
obtaining informed consent is not reasonably possible, the 
physician or health care provider shall include in the patient's 
medical records a written statement signed by the physician 
certifying the nature of the emergency.
	(e)  The disclosure panel may not prescribe materials under 
this section without first consulting with the Texas State Board of 
Medical Examiners.

Added by Acts 2003, 78th Leg., ch. 204, § 10.01, eff. Sept. 1, 
2003.     

Last modified: August 11, 2007