Tex. Civ. Practice & Remedies Code Section 74.107
Informed Consent for Hysterectomies


(a)

The disclosure panel shall develop and prepare written materials to inform a patient or person authorized to consent for a patient of the risks and hazards of a hysterectomy.

(b)

The materials shall be available in English, Spanish, and any other language the panel considers appropriate. The information must be presented in a manner understandable to a layperson.

(c)

The materials must include:

(1)

a notice that a decision made at any time to refuse to undergo a hysterectomy will not result in the withdrawal or withholding of any benefits provided by programs or projects receiving federal funds or otherwise affect the patient’s right to future care or treatment;

(2)

the name of the person providing and explaining the materials;

(3)

a statement that the patient or person authorized to consent for the patient understands that the hysterectomy is permanent and nonreversible and that the patient will not be able to become pregnant or bear children if she undergoes a hysterectomy;

(4)

a statement that the patient has the right to seek a consultation from a second physician;

(5)

a statement that the patient or person authorized to consent for the patient has been informed that a hysterectomy is a removal of the uterus through an incision in the lower abdomen or vagina and that additional surgery may be necessary to remove or repair other organs, including an ovary, tube, appendix, bladder, rectum, or vagina;

(6)

a description of the risks and hazards involved in the performance of the procedure; and

(7)

a written statement to be signed by the patient or person authorized to consent for the patient indicating that the materials have been provided and explained to the patient or person authorized to consent for the patient and that the patient or person authorized to consent for the patient understands the nature and consequences of a hysterectomy.

(d)

The physician or health care provider shall obtain informed consent under this section and Section 74.104 (Duty of Physician or Health Care Provider) from the patient or person authorized to consent for the patient before performing a hysterectomy unless the hysterectomy is performed in a life-threatening situation in which the physician determines obtaining informed consent is not reasonably possible. If obtaining informed consent is not reasonably possible, the physician or health care provider shall include in the patient’s medical records a written statement signed by the physician certifying the nature of the emergency.

(e)

The disclosure panel may not prescribe materials under this section without first consulting with the Texas State Board of Medical Examiners.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.

Source: Section 74.107 — Informed Consent for Hysterectomies, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­74.­htm#74.­107 (accessed Mar. 23, 2024).

74.001
Definitions
74.002
Conflict with Other Law and Rules of Civil Procedure
74.003
Sovereign Immunity Not Waived
74.004
Exception from Certain Laws
74.051
Notice
74.052
Authorization Form for Release of Protected Health Information
74.053
Pleadings Not to State Damage Amount
74.101
Theory of Recovery
74.102
Texas Medical Disclosure Panel
74.103
Duties of Disclosure Panel
74.104
Duty of Physician or Health Care Provider
74.105
Manner of Disclosure
74.106
Effect of Disclosure
74.107
Informed Consent for Hysterectomies
74.151
Liability for Emergency Care
74.152
Unlicensed Medical Personnel
74.153
Standard of Proof in Cases Involving Emergency Medical Care
74.154
Jury Instructions in Cases Involving Emergency Medical Care
74.155
Liability of Physicians, Health Care Providers, and First Responders During Pandemic
74.201
Application of Res Ipsa Loquitur
74.251
Statute of Limitations on Health Care Liability Claims
74.301
Limitation on Noneconomic Damages
74.302
Alternative Limitation on Noneconomic Damages
74.303
Limitation on Damages
74.351
Expert Report
74.352
Discovery Procedures
74.353
Preliminary Determination for Expert Report Requirement
74.401
Qualifications of Expert Witness in Suit Against Physician
74.402
Qualifications of Expert Witness in Suit Against Health Care Provider
74.403
Qualifications of Expert Witness on Causation in Health Care Liability Claim
74.451
Arbitration Agreements
74.501
Definitions
74.502
Scope of Subchapter
74.503
Court Order for Periodic Payments
74.504
Release
74.505
Financial Responsibility
74.506
Death of Recipient
74.507
Award of Attorney’s Fees
74.551
Application
74.552
Affirmative Defense in Certain Actions Arising from Certain Pregnancy Complications

Accessed:
Mar. 23, 2024

§ 74.107’s source at texas​.gov