| (a) Health and Safety Code (HSC) §578.003, relating
to Consent to Therapy, requires the Texas Department of State Health
Services (DSHS) to adopt a standard written consent form to be used
when electroconvulsive therapy is considered. HSC §578.003 requires
that the form include the minimum information which is also required
by the Texas Medical Disclosure Panel (panel) for electroconvulsive
therapy. HSC §578.003 states that use of the consent form prescribed
by DSHS in the manner described by HSC §578.003 creates a rebuttable
presumption that the disclosure requirements of Texas Civil Practice
and Remedies Code §74.102 have been met.
(b) The panel recognizes that DSHS has adopted a written
consent form for electroconvulsive therapy in §405.108 of this
title (relating to Informed Consent to ECT).
(c) If the DSHS consent form is in compliance with
HSC §578.003, and contains the minimum information required by
the panel for electroconvulsive therapy, specifically the risks and
hazards identified by the panel, a physician or health care provider
using the DSHS consent form for electroconvulsive therapy is not required
to use both the DSHS form and the panel's Disclosure and Consent -
Medical Care and Surgical Procedures form to document consent for
the electroconvulsive therapy. This section does not constitute approval
of DSHS's current consent form or of DSHS's assessment of the risks
and hazards associated with electroconvulsive therapy.
(d) If the physician or healthcare provider will be
administering List A anesthesia or analgesia in conjunction with electroconvulsive
therapy, the panel recommends utilization of the panel's Disclosure
and Consent - Anesthesia and /or Perioperative Pain Management (Analgesia)
form set out at §604.5(1) or (2) of this chapter (relating to
Disclosure and Consent Form for Anesthesia and/or Perioperative Pain
Management (Analgesia)) to document disclosure and consent for the
anesthesia and analgesia. The panel's form includes the risks and
hazards identified by the panel for List A anesthesia and analgesia.
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