Section 597.044 - Application for Treatment Decision(a) If the results of the assessment conducted in accordance with Section 597.021 indicate that a client who does not have a legal guardian or surrogate decision-maker lacks the capacity to make a treatment decision about major medical or dental treatment, psychoactive medication, or a highly restrictive procedure, the ICF-IID must file an application for a treatment decision with the department.(b) An application must be in the form prescribed by the department, must be signed by the applicant, and must: (1) state that the applicant has reason to believe and does believe that the client has a need for major medical or dental treatment, psychoactive medication, or a highly restrictive procedure;(2) specify the condition proposed to be treated;(3) provide a description of the proposed treatment, including the risks and benefits to the client of the proposed treatment;(4) provide a description of generally accepted alternatives to the proposed treatment, including the risks and potential benefits to the client of the alternatives, and the reasons the alternatives were rejected;(5) state the applicant's opinion on whether the proposed treatment promotes the client's best interest and the grounds for the opinion;(6) state the client's opinion about the proposed treatment, if known;(7) provide any other information necessary to determine the client's best interest regarding the treatment; and(8) state that the client does not have a guardian of the person and does not have a parent, spouse, child, or other person with demonstrated interest in the care and welfare of the client who is able and willing to become the client's guardian or surrogate decision-maker.Tex. Health and Safety Code § 597.044
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1481, eff. 4/2/2015.Reenacted and amended by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. 6/18/1999.Amended by Acts 1997, 75th Leg., ch. 450, Sec. 2, eff. 9/1/1997.Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. 8/30/1993.