5200, General Consent
Revision 23-4; Effective Nov. 17, 2023
Grantees must obtain the person’s written, informed, and voluntary general consent to receive services before receiving any clinical services. A general consent explains the types of services provided and how a person’s information may be shared with other entities for reimbursement or reporting purposes. If there is a period of three years or more during which a person does not receive services, a new general consent must be signed before reinitiating delivery of services.
Consent information must be communicated to every person in a manner that is easy to understand. This communication must allow the person to participate, make sound decisions about her or his own medical care, and address disabilities that impair communication (in compliance with Limited English Proficiency regulations). Only the person receiving services may give consent. For situations when the person is legally unable to consent, a parent (in case of an unemancipated minor) or legal guardian must consent on their behalf. Consent must never be coerced or obtained in a manner that could be perceived as coercive.
In addition, as described below, the grantee must obtain the informed consent of the person receiving services for procedures as required by the Texas Medical Disclosure Panel.
Grantees should consult a qualified attorney to determine the appropriateness of the consent forms used by their health care agency.
5210 Texas Medical Disclosure Panel Consent
Revision 23-4; Effective Nov. 17, 2023
The Texas Medical Disclosure Panel (TMDP) was established by the Texas Legislature to:
- determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their clients or persons authorized to consent for their clients; and
- establish the general form and substance of such disclosure.
TMDP has developed List A (informed consent requiring full and specific disclosure) for certain procedures, which can be found in the Texas Administrative Code (TAC).
Grantees that directly perform tubal sterilization or vasectomy (both List A procedures), must also complete the TMDP Disclosure and Consent Form. This consent is in addition to the Sterilization Consent Form noted in Section 5620, Sterilization Procedures, Consent, Billing and Reporting.
For all other procedures that are not on List A, the physician must disclose, through a procedure-specific consent, all risks that a reasonable person would want to know about. This includes all risks that are inherent to the procedure (risks that exist in and are inseparable from the procedure itself) and that are material (could influence a reasonable person in deciding to consent to the procedure).
Additional details on sterilization procedures, consent and reimbursement can be found in Section 5620.
5220 Consent for HIV Tests
Revision 23-4; Effective Nov. 17, 2023
Grantees must follow the Texas Health and Safety Code as follows: