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 § 261.286 of this chapter (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.26 Tex. Admin. Code § 261.287
Adopted to be effective July 1, 2007, 32 TexReg 3856; Transferred from Title 40, § 9.287 by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6127, eff. 10/1/2020