| (a) If a community program provider is seeking a decision
regarding any of the matters described in §9.281(b)(1) - (5)
of this division (relating to Purpose) for an adult individual who
does not have an LAR, the community program provider must conduct
an assessment of the individual to determine whether the individual
has the capacity to make an informed decision.
(b) To conduct the assessment, the community program
provider must:
(1) provide the following information to the individual:
(A) a description of the condition that the proposed
treatment, medication, or procedure is intended to improve or cure;
(B) a description of the proposed treatment, medication,
or procedure, including:
(i) the individual's need for it; and
(ii) the potential benefits and risks of it to the
individual;
(C) a description of any generally accepted alternatives
to the proposed treatment, medication, or procedure, including the
risks and potential benefits of the alternatives to the individual;
(D) the reasons the alternatives were not proposed
for the individual, if applicable;
(E) the time frames involved, such as immediacy of
the need for the proposed treatment, medication, or procedure and
the length of time that consent will be effective; and
(F) that the individual has the right to refuse to
give consent or withdraw consent;
(2) take into consideration the individual's values
and beliefs; and
(3) determine whether the individual has the capacity
to make an informed decision by demonstrating a basic understanding
of the information provided in paragraph (1) of this subsection and
communicating a decision, free from coercion or undue influence, about
the proposed treatment, medication, or procedure.
(c) The community program provider must provide the
information described in subsection (b)(1) of this section in non-technical
terminology by using the individual's primary language or mode of
communication.
(d) The community program provider must document the
following:
(1) the specific information provided to the individual
as described in subsection (b)(1) of this section; and
(2) the reasons the community program provider determined
that the individual does or does not have the capacity to make an
informed decision.
|
| Source Note: The provisions of this §261.283 adopted to be effective July 1, 2007, 32 TexReg 3856; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |
