25 TAC §601.2
The Texas Medical Disclosure Panel (panel) adopts an amendment
to §601.2, concerning informed consent of the treatments and procedures
requiring disclosure by a physician or health care provider to a patient or
person authorized to consent for the patient without changes to the proposed
text as published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11232), and therefore the section will not
be republished. The section covers procedures requiring full disclosure -
list A.
The Texas Civil Practice and Remedies Code, §74.102, requires the
panel to determine which risks and hazards related to medical care and surgical
procedures must be disclosed by health care providers or physicians to their
patients or persons authorized to consent for their patients and to establish
the general form and substance of such disclosure.
The amendment is adopted based upon the panel's review of House Bill (HB)
15, 78th Legislature, 2003, concerning the regulation of abortion, specifically,
informed consent and the particular medical risks associated with the particular
abortion procedure to be employed. The amendment to §601.2 includes the
addition of clarifying and new language to the subsection concerning female
genital system treatments and procedures. Risks are identified for dilation
and curettage of uterus (diagnostic/therapeutic); surgical abortion/dilation
and curettage/dilation and evacuation; and medical abortion/non-surgical procedures.
The following comments were received concerning the proposed section. Following
each comment is the department's response and any resulting change(s).
Comment: Concerning §601.2(g)(13), several commenters requested that
two additional items, breast cancer and pre-term birth, be listed as medical
risks of surgical abortion. The commenters recommended that the additional
items should be listed as new subparagraphs in §601.2(g)(13)(G) and (H).
Response: The panel disagrees that conclusive evidence exists to link surgical
abortion to breast cancer and pre-term birth. No change was made as a result
of this comment.
Comment: Concerning §601.2(g)(13), one commenter requested that adverse
psychological consequences, damage, and injury be listed as a medical risk
of surgical abortion. The commenter recommended that the additional item should
be listed as a new subparagraph in §601.2(g)(13)(I).
Response: The panel disagrees that conclusive evidence exists to link surgical
abortion to adverse psychological consequences, damage, and injury. No change
was made as a result of this comment.
The commenters were Grace House Pregnancy Assistance Center, The Justice
Foundation, Living the Redeemed Life Ministries, Inc., Reduce Preterm Risk
Coalition, Pregnancy Care Center, and individuals. Commenters were neither
for nor against the rules in their entirety, however, they expressed concerns
and suggested changes as discussed in the summary of comments.
The amendment is adopted under the Texas Civil Practice and Remedies
Code, §74.102, which provides the Texas Medical Disclosure Panel with
the authority to prepare lists of medical treatments and surgical procedures
that do and do not require disclosure by physicians and health care providers
of the possible risks and hazards and to prepare the form(s) for the treatments
and procedures which do require disclosure.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 27, 2004.
TRD-200401610
Melba W.G. Swafford, M.D.
Chairperson
Texas Medical Disclosure Panel
Effective date: March 18, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 458-7236