Tex. Health & Safety Code Section 313.002

In this chapter:


“Adult” means a person 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.


“Attending physician” means the physician with primary responsibility for a patient’s treatment and care.


“Decision-making capacity” means the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment and the ability to reach an informed decision in the matter.


“Home and community support services agency” means a facility licensed under Chapter 142 (Home and Community Support Services).


“Hospital” means a facility licensed under Chapter 241 (Hospitals).


“Incapacitated” means lacking the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to any proposed treatment decision.


“Medical treatment” means a health care treatment, service, or procedure designed to maintain or treat a patient’s physical or mental condition, as well as preventative care.


“Nursing home” means a facility licensed under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions).


“Patient” means a person who:


is admitted to a hospital;


is residing in a nursing home;


is receiving services from a home and community support services agency; or


is an inmate of a county or municipal jail.


“Physician” means:


a physician licensed by the Texas State Board of Medical Examiners; or


a physician with proper credentials who holds a commission in a branch of the armed services of the United States and who is serving on active duty in this state.


“Surrogate decision-maker” means an individual with decision-making capacity who is identified as the person who has authority to consent to medical treatment on behalf of an incapacitated patient in need of medical treatment.
Added by Acts 1993, 73rd Leg., ch. 407, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1271 (H.B. 3473), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 253 (H.B. 1128), Sec. 1, eff. September 1, 2011.

Source: Section 313.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­313.­htm#313.­002 (accessed Dec. 2, 2023).

Dec. 2, 2023

§ 313.002’s source at texas​.gov