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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 §261.287 - Provider Responsibilities Regarding Surrogate Decision-Maker
Chapter Review Date 07/22/2024

(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.

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