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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM--CONTRACTING
SUBCHAPTER J - SURROGATE DECISION-MAKING
SECTION/RULE §261.281 - Purpose
Chapter Review Date 07/22/2024

(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.

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