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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 9INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER EINTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM--CONTRACTING
DIVISION 10SURROGATE DECISION-MAKING
RULE §9.281Purpose

(a) The purpose of this division is to describe a process by which certain treatment decisions are made by an IDT, surrogate decision-maker, or surrogate consent committee on behalf of an individual who lacks the capacity to make an informed decision about the proposed treatment, medication, or procedure and has no LAR. A treatment decision involves giving or denying consent for a treatment, medication, or procedure for an individual.

(b) The process described in this division applies only to a treatment decision for an individual regarding:

  (1) the use of a psychoactive medication;

  (2) a highly restrictive procedure;

  (3) major medical treatment;

  (4) major dental treatment;

  (5) a risk to individual protection and rights; or

  (6) the release of records related to the individual's condition or treatment to facilitate the treatment to which a surrogate decision-maker or surrogate consent committee has consented.

(c) This division does not apply to a decision for an individual regarding:

  (1) experimental research;

  (2) sterilization:

  (3) management of funds;

  (4) electroconvulsive treatment; or

  (5) abortion.


Source Note: The provisions of this §9.281 adopted to be effective July 1, 2007, 32 TexReg 3856

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