Tex.
Health & Safety Code Section 597.044
Application for Treatment Decision
(a)
If the results of the assessment conducted in accordance with Section 597.021 (Icf-iid Assessment of Client’s Capacity to Consent to Treatment) indicate that a client who does not have a legal guardian or surrogate decision-maker lacks the capacity to make a treatment decision about major medical or dental treatment, psychoactive medication, or a highly restrictive procedure, the ICF-IID must file an application for a treatment decision with the department.(b)
An application must be in the form prescribed by the department, must be signed by the applicant, and must:(1)
state that the applicant has reason to believe and does believe that the client has a need for major medical or dental treatment, psychoactive medication, or a highly restrictive procedure;(2)
specify the condition proposed to be treated;(3)
provide a description of the proposed treatment, including the risks and benefits to the client of the proposed treatment;(4)
provide a description of generally accepted alternatives to the proposed treatment, including the risks and potential benefits to the client of the alternatives, and the reasons the alternatives were rejected;(5)
state the applicant’s opinion on whether the proposed treatment promotes the client’s best interest and the grounds for the opinion;(6)
state the client’s opinion about the proposed treatment, if known;(7)
provide any other information necessary to determine the client’s best interest regarding the treatment; and(8)
state that the client does not have a guardian of the person and does not have a parent, spouse, child, or other person with demonstrated interest in the care and welfare of the client who is able and willing to become the client’s guardian or surrogate decision-maker.
Source:
Section 597.044 — Application for Treatment Decision, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.597.htm#597.044 (accessed Jun. 5, 2024).
