| (a) If, based on the assessment described in §9.283
of this division (relating to Informed Decision Assessment), a community
program provider determines that an individual has the capacity to
make an informed decision and to communicate the decision, free from
coercion or undue influence, about the proposed treatment, medication,
or procedure, the community program provider must allow the individual
to consent to or refuse the proposed treatment, medication, or procedure.
(b) If, based on the assessment described in §9.283
of this division, the community program provider determines that the
individual does not have the capacity to make an informed decision
about the proposed treatment, medication, or procedure, the community
program provider must obtain an informed decision from:
(1) the individual's IDT, in accordance with §9.285
of this division (relating to IDT Decisions);
(2) a surrogate decision-maker in accordance with §9.286
of this division (relating to Surrogate Decision-Maker); or
(3) a surrogate consent committee in accordance with §9.288
of this division (relating to Surrogate Consent Committee Decisions), §9.289
of this division (relating to Submission of Application Packet for
Surrogate Consent Committee), §9.291 of this division (relating
to Notice of Hearing and Documents Provided to Surrogate Consent Committee),
and §9.293 of this division (relating to Surrogate Consent Committee
Hearing).
|
| Source Note: The provisions of this §261.284 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 |
