Texas informed consent lists revised

November 6, 2018

The Texas Medical Disclosure Panel (TMDP) has revised the lists of medical and surgical procedures that require the disclosure of specific risks and informed consent.

The new rules revise procedures found on List A, for which physicians are required to disclose risks and obtain informed consent. The new rules also affect procedures on List B, which does not require disclosure of risks and informed consent.

 List A revisions

(f) Eye treatments and procedures

(g) Female genital system treatments and procedures

(i) Breast surgery (non-cosmetic)

(j) Male genital system

(k) Maternity and related cases

(l) Musculoskeletal system

(m) Nervous system treatments and procedures

(s) Laparoscopic/thoracoscopic surgery (including robotic surgery)

(t) Pain management procedures

(v) Plastic surgery and surgery of the integumentary system

List B revisions

(i) Breast surgery (non-cosmetic)

(j) Male genital system

(m) Nervous system

(s) Laparoscopic/thoracoscopic surgery (including robotic surgery)

(v) Plastic surgery and surgery of the integumentary system

Learn about the specific changes here.  


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 specific 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.

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. The physician should use the Panel’s consent form.
  • If the treatment or procedure appears on List B, no disclosure is legally required.
  • If they appear on neither list A nor List B, the physician must then disclose all material and inherent risks that could influence a patient in making a decision.

Panel consent forms are available in English and Spanish here.

Patients have successfully filed claims alleging that they were not informed about the risks and benefits of a proposed treatment, and they would have refused had they been educated adequately. Texas law places the duty of providing informed consent on the health care professional performing the procedure.

This informed consent discussion should take place in the physician's office whenever possible, as the office is a more conducive to the discussion. The conversation — along with associated risks, benefits, and alternatives — should be documented in the patient's medical record.

Consider using the following language:

“Advised patient of the need for [procedure] due to [condition]. Discussed risks, benefits, and alternatives. Patient reviewed educational materials/ instructions and states that he/she understands and agrees to proceed. It is my judgment that the patient understands the treatment plan.” 


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