SECTION 749.1603. If my agency employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give consent before requesting his consent for the child to be placed on psychotropic medication?

(a) Before requesting the person's written consent to give the child psychotropic medication, the prescribing health-care professional must give the following in writing or document a discussion with the person or a combination of both:

(1) The child's diagnosis;

(2) The nature of the child's mental illness or condition;

(3) An explanation of the purpose of the medication;

(4) A description of the benefits expected;

(5) A description of any accompanying discomforts and risks, including those which could result from long-term use of the medication, and possible side effects, including side effects that are known to frequently occur in persons, side effects to which the child may be predisposed, and the nature and possible occurrence of irreversible symptoms;

(6) A statement of whether the medication is habituating in nature;

(7) Alternative interventions to the use of psychotropic medication that have been attempted and that have been unsuccessful;

(8) Other alternative treatments or procedures to the use of the psychotropic medication;

(9) Risks and benefits of the alternative treatments or procedures;

(10) Risks and benefits of not receiving or undergoing a treatment or procedure;

(11) An explanation that the person legally authorized to give medical consent may ask questions about the child's response to the medication, and may review your daily records on request; and

(12) An explanation that the person legally authorized to give medical consent may withdraw consent and request the medication be discontinued at any time.

(b) The health-care professional must offer to answer any questions the person legally authorized to give consent has about the medication.

(c) The person must sign a consent form that acknowledges that you have provided all of the information set forth in subsection (a) of this section. A copy of this signed consent form must be filed in the child's record.

Source Note: The provisions of this §749.1603 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909