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Revision 22-3; Effective Nov. 8, 2022
Contractors must obtain the client’s written, informed, voluntary, and general consent prior to performing any clinical services. The general consent form explains the types of services provided and how client information may be shared with other entities for reimbursement or reporting purposes. If there is a period of three years or more during which a client does not receive services, a new general consent must be signed prior to reinitiating delivery of services.
For the Epilepsy Program, a client’s verbal consent for general treatment may be obtained by phone. This type of consent is adequate for routine treatment, provided through telemedicine.
To record a client’s verbal consent, the staff person obtaining the consent must read the consent form to the applicant and document that the applicant affirms by giving their verbal consent for treatment. The documentation must include the date and time of the applicant’s consent and the signature of the staff person obtaining consent. The client must sign the consent at the time of their next visit to the clinic.
Consent information must be effectively communicated to every client in a manner that is understandable. This communication must allow the client to participate, make sound decisions regarding their own medical care and address any disabilities that impair communication in compliance with Limited English Proficiency regulations. Only the client may consent, except when the client is legally unable to consent (i.e., a minor or an individual with development disability), to which a parent, legal guardian or caregiver must consent on his or her behalf. Consent must never be obtained in a manner that could be perceived as coercive.
HHSC contractors should consult a qualified attorney to determine the appropriateness of the consent forms used by their health care agency. In addition, as described below, the contractor must obtain informed consent of the client for procedures as required by the Texas Medical Disclosure Panel (TMDP).
5110 Texas Medical Disclosure Panel Consent
Revision 22-3; Effective Nov. 8, 2022
The Texas Medical Disclosure Panel (TMDP) was established by the Texas Legislature 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
- establish the general form and substance of such disclosure.
TMDP has developed List A (informed consent requiring full and specific disclosure) for certain procedures, which can be found in 25 Texas Administrative Code Section 601.2.
For all other procedures not included on List A, the physician must disclose, through a procedure specific consent, all risks that a reasonable client would need to know. This includes all risks that are inherent to the procedure (one which exists in and is inseparable from the procedure itself) and that are material (could influence a reasonable person in deciding whether to consent to the procedure).
5120 Consent for Services Provided to Minors
Revision 22-3; Effective Nov. 8, 2022
Generally, a parent must consent to treatment for minors. A minor is defined as a person under 18 years of age who has never been married and has never been declared an adult by a court (emancipated). However, there are certain circumstances under which a minor may consent for their own treatment. Requirements for parental consent for the provision of family planning services to minors vary according to the funding source subsidizing the services. The department and providers may provide family planning services, including prescription drugs, without the consent of the minor’s parent, managing conservator or guardian only as authorized by Chapter 32 of the Texas Family Code or by federal law or regulations.
5130 Resources and References
Revision 22-3; Effective Nov. 8, 2022