Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749	MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER J	FOSTER CARE SERVICES: MEDICAL AND DENTAL
DIVISION 8	USE OF PSYCHOTROPIC MEDICATION
RULE §749.1605	If my agency does not employ or contract with the health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give medical consent prior to the health-care professional prescribing psychotropic medications to a child in care?

If you are requesting consent and the person legally authorized to give consent is not privy to this information, you must:

(1) Before requesting the person's written consent to give the child psychotropic medication, provide information in writing or document a discussion with the person regarding:

(A) The nature of the child's mental illness or condition;

(B) A general explanation of the purpose of the medication;

(D) An explanation that the person may ask questions about the child's response to the medication; and

(E) An explanation that the person may withdraw medical consent and request the medication be discontinued at any time.

(2) Offer to answer any questions the person legally authorized to give medical consent has about the medication and/or provide the name and telephone number of the prescribing health-care professional for further information.

(3) Obtain a signed consent form from the person legally authorized to give medical consent that acknowledges that you have provided all of the information set forth in paragraph (1) of this section. A copy of this signed consent form must be filed in the child's record.

Source Note: The provisions of this §749.1605 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909