25 TAC §§601.2, 601.3, 601.6
The Texas Medical Disclosure Panel (panel) adopts amendments
to §§601.2, 601.3, and 601.6 concerning informed consent without
changes to the proposed text as published in the October 27, 2006, issue of
the
Texas Register
(31 TexReg 8824) and, therefore,
the sections will not be republished.
BACKGROUND AND PURPOSE
The amendments are necessary to comply with Texas Civil Practice and Remedies
Code, §74.102, which 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 sections cover procedures requiring full disclosure
of specific risks and hazards - List A, procedures requiring no disclosure
of specific risks and hazards - List B, disclosure and consent form for medical
and surgical procedures, disclosure and consent form for radiation therapy,
and disclosure and consent form for hysterectomy.
SECTION-BY-SECTION SUMMARY
Amendments to §601.2 add procedures and risks and hazards for anesthesia,
the digestive system treatments and procedures, the endocrine system treatments
and procedures, and the hematic and lymphatic system. Amendments to §601.3
add and rename procedures relating to the digestive system. Amendments to §601.6
add a historical item related to adoption of rules in October 2005.
COMMENTS
The panel did not receive any comments regarding the proposed rules during
the comment period.
STATUTORY AUTHORITY
The amendments are 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 12, 2007.
TRD-200700415
Ralph Anderson, M.D.
Chair
Texas Medical Disclosure Panel
Effective date: March 4, 2007
Proposal publication date: October 27, 2006
For further information, please call: (512) 458-7111 x6972