SECTION 261.281. Purpose

(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 §261.281 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