Beginning January 1, 2020, physicians in Texas should use new informed consent forms for patients undergoing certain procedures.
The Texas Medical Disclosure Panel (TMDP) revised the Disclosure and Consent for Medical Care and Surgical Procedures and the Disclosure and Consent for Hysterectomy. The new forms — available in English and Spanish — can be downloaded on this page under Rules and Regulations and should be used after January 1, 2020.
Informed consent in Texas
Informed consent is the permission given by a patient to perform a medical treatment or surgical procedure after the patient has been advised of the risks or hazards that could influence a reasonable person in deciding whether or not to give permission. To make a consent decision, the patient needs information about the treatment or procedure and the risks associated with it.
In Texas, informed consent is governed by statute and is overseen by the TMDP. The panel includes six physicians and three attorneys who review all treatments and procedures to determine which procedures require informed consent and which do not.
Procedures and treatments are then assigned to a list. Those requiring disclosure of risks and hazards are put on List A. Those that do not require disclosure of specific risks are identified in List B. The TMDP periodically examines new treatments or procedures and assigns them to one of the lists. Physicians should regularly review List A for new procedures or risks added by the TMDP.
When offering any treatment or procedure to a patient, the physician must make these determinations:
- If the treatment or procedure appears on List A, then the disclosure specified by the panel must be followed. Physicians should include additional known risks on the form and in their informed consent discussion if they feel the information could influence a patient’s decision.
- If the treatment or procedure appears on List B, no disclosure is legally required. However, physicians may choose to obtain written consent and disclose risks at their discretion.
- If procedure does not appear on List A or List B, the physician should then disclose the risks and hazards that could influence a reasonable person in making a decision to give or withhold consent.
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