SECTION 261.287. Provider Responsibilities Regarding Surrogate Decision-Maker

(a) A community program provider must provide the following information to a person identified as a surrogate decision-maker in accordance with §9.286 of this division (relating to Surrogate Decision-Maker):

(1) a description of the condition that the proposed treatment, medication, or procedure is intended to improve or cure;

(2) a description of the proposed treatment, medication, or procedure, including:

(A) the individual's need for it; and

(B) the potential benefits and risks of it to the individual;

(3) a description of any generally accepted alternatives to the proposed treatment, medication, or procedure, including the risks and potential benefits of the alternatives to the individual;

(4) the reasons the alternatives were not proposed for the individual, if applicable;

(5) the time frames involved, such as immediacy of the need for the proposed treatment, medication, or procedure and the length of time that consent will be effective; and

(6) that the surrogate decision-maker may:

(A) refuse to give consent or withdraw consent after it is given;

(B) defer to a surrogate consent committee for a specific decision; and

(C) withdraw as the surrogate decision-maker.

(b) A community program provider must document in the individual's record:

(1) the specific information provided to the surrogate decision-maker as described in subsection (a) of this section;

(2) the decision made by the surrogate decision-maker, and:

(A) if consent is given, include a copy of the written consent given by the surrogate decision-maker; or

(B) if consent is denied, document the reason for the denial, if known;

(3) withdrawal of consent after it is given by the surrogate decision-maker and, if known, the reason for the withdrawal;

(4) deferral by the surrogate decision-maker for a specific decision and, if known, the reason for the deferral; and

(5) withdrawal of the surrogate decision-maker and, if known, the reason for the withdrawal.

Source Note: The provisions of this §261.287 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