SECTION 33.6. THSteps Provider Responsibilities

(a) The primary responsibilities of THSteps medical and dental providers are to:

(1) operate in accordance with the laws, rules, regulations, and standards of care relating to the practice of their respective profession;

(2) cease providing THSteps services and notify HHSC or its designee if the provider's professional license is suspended or revoked, unless the suspension or revocation is probated in its entirety and without conditions or limitations;

(3) conduct check-ups and treatment services according to policies and procedures as published in the TMPPM and Medicaid bulletins and in accordance with the policies and procedures of the department;

(4) provide clinic surroundings which will establish a good relationship between clinic personnel, the client and the client's family;

(5) interpret and explain check-up and treatment results to the client or the client's parent, guardian, or authorized adult, during or immediately after the check-up;

(6) make referrals for needed follow-up diagnosis and treatment services as indicated; and

(7) assure that a parent, guardian or authorized adult who accompanies a client under age 15 to a THSteps medical or dental check-up or treatment visit, continues to wait for the client while the check-up or treatment takes place. Entities exempt from this parental accompaniment requirement are a child-care facility (as defined in the Human Resources Code, §42.002(3)), school health clinic, or Head Start program if the entity encourages parental involvement in and management of the health care of children receiving services. Parental involvement includes the exempt entity notifying the child's parent, guardian, or authorized adult before a THSteps medical or dental check-up or treatment visit, of the time and place of the child's appointment and encouraging the parent, guardian, or other authorized adult to attend. Notification must be done by the means of communication determined by the exempt entity to be the most effective. Such communication must be documented and may include, but is not limited to, one or more of the following options: a home visit from an outreach worker, written or printed correspondence, or telephone contact.

(b) THSteps providers must obtain legally effective, written informed consent prior to the provision of THSteps check-ups or treatment services.

(1) Consent by a person who may legally give consent is necessary for participation in THSteps medical or dental services. Consent requires the free exercise of choice without any force, fraud, deceit, constraint, or coercion by the person authorized to provide consent for the client.

(2) There are basic elements necessary to consent. Clients or their parents or guardians who can give informed consent have the right to understand their health care needs and the different ways their health care problems can be treated. At a minimum, they must be informed of:

(A) diagnosis;

(B) scope of proposed treatment, including alternatives and risks;

(C) anticipated results; and

(D) need for administration of sedation or anesthesia, including risks.

Source Note: The provisions of this §33.6 adopted to be effective February 28, 2008, 33 TexReg 1550