Texas Health And Safety Code Title 7, Chapter 597 - Capacity Of Clients To Consent To Treatment

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 597.001 - Definitions
  In this chapter: (1) "Highly restrictive procedure" means the application of aversive stimuli, exclusionary time-out, physical restraint, or a requirement to engage in an effortful...
• Texas Section 597.002 - Rules
  The executive commissioner may adopt rules necessary to implement this chapter. Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993....

SUBCHAPTER B ASSESSMENT OF CLIENT'S CAPACITY; INCAPACITATED CLIENTS WITHOUT GUARDIANS

• Texas Section 597.003 - Exceptions
  (a) This chapter does not apply to decisions for the following: (1) experimental research; (2) abortion; (3) sterilization; (4) management of client funds; and (5)...

SUBCHAPTER C SURROGATE CONSENT FOR ICF-IID CLIENTS

• Texas Section 597.021 - Icf-iid Assessment Of Client's Capacity To Consent To Treatment
  (a) The executive commissioner by rule shall require an ICF-IID certified in this state to assess the capacity of each adult client without a legal...
• Texas Section 597.041 - Surrogate Decision-makers
  (a) If the results of an assessment conducted in accordance with Section 597.021 indicate that an adult client who does not have a legal guardian...
• Texas Section 597.042 - Surrogate Consent Committee Established; Departmental Support
  (a) For cases in which there is no guardian or surrogate decision-maker available, the department shall establish and maintain a list of individuals qualified to...
• Texas Section 597.043 - Committee Membership
  (a) A surrogate consent committee considering an application for a treatment decision shall be composed of at least three but not more than five members,...
• Texas Section 597.044 - Application For Treatment Decision
  (a) If the results of the assessment conducted in accordance with Section 597.021 indicate that a client who does not have a legal guardian or...
• Texas Section 597.045 - Notice Of Review Of Application For Treatment Decision
  (a) Following receipt of an application for a treatment decision that meets the requirements of Section 597.044(b), the department shall appoint a surrogate consent committee....
• Texas Section 597.046 - Prereview Of Application
  (a) Before the date of the review of an application for a treatment decision the committee chair shall review the application to determine whether additional...
• Texas Section 597.047 - Confidential Information
  Notwithstanding any other state law, a person licensed by this state to provide services related to health care or to the treatment or care of...
• Texas Section 597.048 - Review Of Application
  (a) The committee shall review the application at the time, place, and date provided in the notice under Section 597.045. (b) A person notified under...
• Texas Section 597.049 - Determination Of Best Interest
  (a) The committee shall make a determination, based on clear and convincing evidence, of whether the proposed treatment promotes the client's best interest and a...
• Texas Section 597.050 - Notice Of Determination
  (a) The committee shall issue a written opinion containing each of its determinations and a separate statement of the committee's findings of fact. (b) The...
• Texas Section 597.051 - Effect Of Committee's Determination
  This chapter does not limit the availability of other lawful means of obtaining a client's consent for medical treatment. Added by Acts 1993, 73rd Leg.,...
• Texas Section 597.052 - Scope Of Consent
  (a) The committee or the surrogate decision-maker may consent to the release of records related to the client's condition or treatment to facilitate treatment to...
• Texas Section 597.053 - Appeals
  (a) A person notified under Section 597.045 may appeal the committee's decision by filing a petition in the probate court or court having probate jurisdiction...
• Texas Section 597.054 - Procedures
  (a) Each ICF-IID shall develop procedures for the surrogate consent committees in accordance with the rules adopted under Section 597.002. (b) A committee is not...

Last modified: September 28, 2016