Revision 23-2; Effective Sept. 15, 2023

Grantees must obtain the client’s written, informed, and voluntary general consent to receive services, before performing any clinical services pursuant to applicable state and federal law. A general informed consent explains the types of services provided and how client 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 client does not receive services, a new general consent must be signed before reinitiating delivery of services.

A client’s verbal consent for general treatment through the PHC program may be obtained by phone. This is adequate for routine treatment provided through telemedicine. To record a client’s verbal consent, the staff person obtaining the consent must read the consent form to the applicant and document that the applicant affirms by giving their verbal consent for treatment. The documentation must include the date and time of the applicant’s consent and the signature of the staff person obtaining the consent. The client must sign the consent at the time of their next clinic visit.

Consent information must be effectively communicated to every client in a manner that is understandable to the client. This communication must allow the client to participate, make sound decisions regarding their own medical care, and address any disabilities that impair communication (in compliance with Limited English Proficiency regulations). Only the client receiving services may give consent. When a client is legally unable to consent, a parent (in the case of an unemancipated minor) or court-appointed legal guardian must consent on the client’s behalf. Consent must never be obtained in a manner that could be perceived as coercive. HHSC grantees should consult a qualified attorney to determine the appropriateness of the consent forms used by their health care agency.

5110 Consent for Dental Procedures

Revision 23-2; Effective Sept. 15, 2023

Written, informed consent for dental procedures must be obtained in compliance with 22 Texas Administrative Code Section 108.7 regarding minimum standards of care for dentists.

5120 Consent for Sterilization Procedures

Revision 23-2; Effective Sept. 15, 2023

There are two consent forms required for sterilization procedures:

5130 Texas Medical Disclosure Panel Consent

Revision 24-2; Effective Sept. 16, 2024

The Texas Medical Disclosure Panel (TMDP) was established by the Texas Legislature to:

  • determine the risks and hazards for medical care and surgical procedures that must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients; and
  • establish the general form and substance of such disclosure.

The grantee is responsible for assuring that informed consent is obtained from the client for procedures per TMDP. TMDP has developed List A  for informed consent requiring full and specific disclosure, for certain procedures, and is found in 25 TAC Section 601.2.

Find more information about TMDP on HHS  webpage, the Civil Practice and Remedies Code, Chapter 74.102 linked here and the Texas Administrative Code (TAC) at this link.

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.

For all other procedures not included on List A, the physician must disclose through a procedure specific consent, all risks that a reasonable client would need to know. This includes

  • all risks built in to the procedure, meaning one that exists in and is inseparable from the procedure; and
  • material that could influence a reasonable person to decide whether to consent to the procedure.

5140 Consent for Services Provided to Minors

Revision 23-2; Effective Sept. 15, 2023

Generally, a parent must consent to treatment for minors. A minor is defined as a person under 18 years old who has never been married and has never been declared an adult by a court (emancipated). However, there are certain circumstances under which a minor may consent for their own treatment. Requirements for parental consent for the provision of family planning services to minors vary according to the funding source subsidizing the services. The department and providers may provide family planning services, including prescription drugs, without the consent of the minor’s parent, managing conservator, or guardian only as authorized by Chapter 32 of the Texas Family Code or by federal law or regulations.

Resources and References:

5150 Consent for HIV Tests

Revision 23-2; Effective Sept. 15, 2023

For HIV testing, grantees must comply with Texas Health and Safety Code: