SECTION 261.284. Making Informed Decisions

(a) If, based on the assessment described in §9.283 of this division (relating to Informed Decision Assessment), a community program provider determines that an individual has the capacity to make an informed decision and to communicate the decision, free from coercion or undue influence, about the proposed treatment, medication, or procedure, the community program provider must allow the individual to consent to or refuse the proposed treatment, medication, or procedure.

(b) If, based on the assessment described in §9.283 of this division, the community program provider determines that the individual does not have the capacity to make an informed decision about the proposed treatment, medication, or procedure, the community program provider must obtain an informed decision from:

(1) the individual's IDT, in accordance with §9.285 of this division (relating to IDT Decisions);

(2) a surrogate decision-maker in accordance with §9.286 of this division (relating to Surrogate Decision-Maker); or

(3) a surrogate consent committee in accordance with §9.288 of this division (relating to Surrogate Consent Committee Decisions), §9.289 of this division (relating to Submission of Application Packet for Surrogate Consent Committee), §9.291 of this division (relating to Notice of Hearing and Documents Provided to Surrogate Consent Committee), and §9.293 of this division (relating to Surrogate Consent Committee Hearing).

Source Note: The provisions of this §261.284 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