| (a) A community program provider must provide the following
information to a person identified as a surrogate decision-maker in
accordance with §9.286 of this division (relating to Surrogate
Decision-Maker):
(1) a description of the condition that the proposed
treatment, medication, or procedure is intended to improve or cure;
(2) a description of the proposed treatment, medication,
or procedure, including:
(A) the individual's need for it; and
(B) the potential benefits and risks of it to the individual;
(3) 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;
(4) the reasons the alternatives were not proposed
for the individual, if applicable;
(5) 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
(6) that the surrogate decision-maker may:
(A) refuse to give consent or withdraw consent after
it is given;
(B) defer to a surrogate consent committee for a specific
decision; and
(C) withdraw as the surrogate decision-maker.
(b) A community program provider must document in the
individual's record:
(1) the specific information provided to the surrogate
decision-maker as described in subsection (a) of this section;
(2) the decision made by the surrogate decision-maker,
and:
(A) if consent is given, include a copy of the written
consent given by the surrogate decision-maker; or
(B) if consent is denied, document the reason for the
denial, if known;
(3) withdrawal of consent after it is given by the
surrogate decision-maker and, if known, the reason for the withdrawal;
(4) deferral by the surrogate decision-maker for a
specific decision and, if known, the reason for the deferral; and
(5) withdrawal of the surrogate decision-maker and,
if known, the reason for the withdrawal.
|
| Source Note: The provisions of this §261.287 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 |
