Texas Administrative Code: Disclosure and Consent Forms

Please Note: Due to technical difficulties, the Texas Medical and Disclosure Forms are not currently available on the Texas Department of State Health Services website. TMA has posted the most recent reports, provided by DSHS in the links below. (May 17, 2016)

TITLE 25: Health Services  

PART 7: Texas Medical Disclosure Panel

CHAPTER 601: Informed Consent  

RULE §601.4: Disclosure and Consent Form 

RULE §601.6: History 

RULE §601.7: Informed Consent for Electroconvulsive Therapy 


RULE §601.4: Disclosure and Consent Form   

(a) The Texas Medical Disclosure Panel adopts the following form which shall be used by a physician or health care provider to inform a patient or person authorized to consent for the patient of the possible risks and hazards involved in the medical treatments and surgical procedures named in the form. Except for the procedures shown in subsection (b) of this section, the following form shall be used for the medical treatments and surgical procedures described in §601.2 of this title (relating to Procedures Requiring Full Disclosure--List A).

(b)  Informed consent for:

(1) radiation therapy shall be provided in accordance with §601.5 of this title (relating to Radiation Therapy Disclosure and Consent Form);

(2) electroconvulsive therapy shall be provided in accordance with §601.7 of this title (relating to Informed Consent for Electroconvulsive Therapy); and

(3) hysterectomy procedures shall be provided in accordance with §601.8 of this title (relating to Hysterectomy Disclosure and Consent Form).

Source Note: The provisions of this §601.4 adopted to be effective October 3, 1995, 20 TexReg 7486; amended to be effective February 18, 1998, 23 TexReg 1307.

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RULE §601.6: History  

(a) The procedures requiring full disclosure-List A, the procedures requiring no disclosure-List B and the disclosure and consent form were first published in the December 15, 1981, issue of the Texas Register as §601.1 of this title (relating to Procedures Requiring Full Disclosure (List A)), §601.2 of this title (relating to Procedures Requiring No Disclosure (List B)), and §601.3 of this title (relating to Disclosure and Consent Form) and initially became effective on June 1, 1982.

(b) The first amendments to §601.1 of this title and §601.2 of this title were published in the December 3, 1982, issue of the Texas Register and became effective on January 1, 1983.

(c) The second amendments to §601.1 of this title and §601.2 of this title were published in the November 23, 1984, issue of the Texas Register and became effective on January 1, 1985.

(d) The third amendments to §601.1 of this title and §601.2 of this title were published in the April 19, 1988, issue of the Texas Register and became effective on May 2, 1988.

(e) The fourth amendment to §601.1 of this title was published in the July 21, 1989, issue of the Texas Register and became effective on August 3, 1989.

(f) Further amendments to §601.1 of this title and §602.2 of this title and new §601.4 of this title (relating to Radiation Therapy Disclosure and Consent Form) were published in the February 2, 1990, issue of the Texas Register and became effective on May 3, 1990.

(g) Effective October 3, 1995, §§601.1-601.4 of this title were repealed and replaced with new §601.1 of this title (relating to General), §601.2 of this title (relating to Procedures Requiring Full Disclosure (List A)), §601.3 of this title (relating to Procedures Requiring No Disclosure (List B)), and §601.4 of this title (relating to Disclosure and Consent Form), §601.5 of this title (relating to Radiation Therapy Disclosure and Consent Form), this section, and §601.7 of this title (relating to Informed Consent for Electroconvulsive Therapy). The sections were repealed to incorporate List A and List B into Texas Register format. In addition, sections were added to include general provisions; to provide a history of the rules of the panel; and to adopt a section which addresses informed consent for electroconvulsive therapy.

(h) Effective October 23, 1997, §601.2 of this title was amended to update risks and hazards requiring full disclosure prior to performing abdominal endoscopic/laparoscopy procedures and endoscopic surgery of the thorax.

(i) Effective February 18, 1998, §601.4 of this title and this section were amended and new §601.8 of this title (relating to Hysterectomy Disclosure and Consent Form) were added to address legislative requirements relating to informed consent for hysterectomies. Section 601.8 of this title adopts a form to be used in providing informed consent prior to performing a hysterectomy and applies to hysterectomies performed at least 90 days after the date of publication of adopted §601.8 of this title in the Texas Register.

Source Note: The provisions of this §601.6 adopted to be effective October 3, 1995, 20 TexReg 7486; amended to be effective February 18, 1998, 23 TexReg 1307. 

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 RULE §601.7: Informed Consent for Electroconvulsive Therapy

(a) The Health and Safety Code (HSC), §578.003, requires the Texas Department of Mental Health and Mental Retardation (MHMR) to adopt a standard written consent form to be used when electroconvulsive therapy is considered. HSC §578.003 requires that the form include the minimum information which is also required by the Texas Medical Disclosure Panel (panel) for electroconvulsive therapy. HSC §578.003 states that use of the consent form prescribed by MHMR in the manner described by HSC §578.003 creates a rebuttable presumption that the disclosure requirements of the Medical Liability and Insurance Improvement Act of Texas, Texas Civil Statutes, Article 4590i, §6.05 and §6.06, have been met.

(b) The panel recognizes that MHMR has adopted a written consent form for electroconvulsive therapy in §405.108 of this title (relating to Informed Consent to ECT).

(c) If the MHMR consent form is in compliance with the HSC §578.003, and contains the minimum information required by the panel, a physician or health care provider using the MHMR consent form for electroconvulsive therapy is not required to use both the MHMR form and the panel's disclosure and consent form. This section does not constitute approval of MHMR's current consent form or of MHMR's assessment of the risks and hazards associated with electroconvulsive therapy.

Source Note: The provisions of this §601.7 adopted to be effective October 3, 1995, 20 TexReg 7499.

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Last Updated On

May 17, 2016

Originally Published On

March 23, 2010