Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 7 - TEXAS MEDICAL DISCLOSURE PANEL › Chapter 601 - INFORMED CONSENT › Section 601.2 - History

Current through Reg. 49, No. 28; July 12, 2024
(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				601.4 of this title were repealed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.
(j) Effective September 1, 2003, by Acts
				2003, 78th Texas Legislature, Regular Session, Chapter 204, §10.01, Texas
				Civil Statutes, Article 4590i, Subchapter F, relating to informed consent was
				recodified to the Texas Civil Practice and Remedies Code, Chapter 74, Medical
				Liability, Subchapter C, §74.102 (relating to Texas Medical Disclosure
				Panel).
(k) Effective March 18,
				2004, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure--List A) was amended to include the
				addition of clarifying and new language to subsection (g) concerning female
				genital system treatments and procedures. Risks were identified for dilation
				and curettage of uterus (diagnostic/therapeutic); surgical abortion/dilation
				and curettage/dilation and curettage/dilation and evacuation; and medical
				abortion/non-surgical procedures.
(l) Effective October 16, 2005, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was
				amended to include the addition of clarifying and new language concerning the
				cardiovascular system and nervous system treatments and procedures. Section
				601.3 of this title (relating to
				Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was
				amended to remove procedures relating to the nervous system and radiology.
				Sections 601.4 and 601.5 were amended to include a Spanish language version of
				the disclosure and consent form for medical and surgical procedures, and the
				disclosure and consent form for radiation therapy. Section 601.8 was amended to
				make editorial corrections to the disclosure and consent for hysterectomy form
				and correct a difference between the English and Spanish language versions of
				the form.
(m) Effective March 4,
				2007, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was
				amended to include procedures and risks and hazards for anesthesia, the
				digestive system treatments and procedures, the endocrine system treatments and
				procedures, and the hematic and lymphatic system. Section
				601.3 of this title (relating to
				Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was
				amended to add and rename procedures relating to the digestive
				system.
(n) Effective January 16,
				2012, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was
				amended to revise and include procedures and risks and hazards for the
				cardiovascular system, digestive system treatments and procedures, eye
				treatments and procedures, female genital system treatments and procedures,
				male genital system, maternity and related cases, musculoskeletal system
				treatments and procedures, radiology, respiratory system treatments and
				procedures, urinary system and pain management procedures. Section
				601.3 of this title (relating to
				Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was
				amended to revise and include procedures relating to maternity and related
				cases, musculoskeletal system, respiratory system, urinary system, and pain
				management procedures. Section
				601.9 of this title (relating to
				Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management
				(Analgesia)) was added to include a disclosure and consent form for anesthesia
				and/or perioperative pain management (analgesia).
(o) Effective December 5, 2012, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was
				amended to revise and include procedures and risks and hazards for the
				following systems: anesthesia, cardiovascular, musculoskeletal, and radiology.
				Section 601.3 of this title (relating to
				Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was
				amended to revise and include procedures for the following systems:
				cardiovascular, musculoskeletal, and radiology. A Spanish language version of
				the Disclosure and Consent Form for Anesthesia and/or Perioperative Pain
				Management (Analgesia) was added to §
									601.9 of this title (relating to
				Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management
				(Analgesia)).
(p) Effective January
				15, 2015, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was
				amended to revise procedures and risks and hazards for the Hematic and
				Lymphatic System. Additionally, a new subsection (u) was added for Dental
				Surgery Procedures. Section
				601.3 of this title (relating to
				Procedures Requiring No Disclosure of Specific Risks and Hazards--List B) was
				amended to revise procedures for anesthesia. Section
				601.9 of this title (relating to
				Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management
				(Analgesia) was amended to add Deep Sedation and Moderate Sedation to the
				anesthesia consent form. Both the English and Spanish language versions of the
				forms were amended.
(q) Effective
				January 7, 2016, §
									601.2 of this title (relating to
				Procedures Requiring Full Disclosure of Specific Risks and Hazards--List A) was
				amended to revise procedures and risks and hazards for female genital system
				treatments and procedures and laparoscopic/thoracoscopic surgery, and adds a
				new subsection (v) plastic surgery. Section
				601.4 of this title (relating to
				Disclosure and Consent Form) for medical and surgical procedures, and §
									601.8 of this title (relating to
				Disclosure and Consent Form for Hysterectomy) were amended to add risks and
				hazards related to the use of blood and blood products, risks and hazards
				related to the use of a power morcellator in laparoscopic surgery, and deletion
				of references to anesthesia.
(r)
				Effective December 24, 2017, §
									601.2 of this title was amended to
				revise procedures and risks and hazards for Anesthesia. Section
				601.9 of this title (relating to
				Disclosure and Consent Form for Anesthesia and/or Perioperative Pain Management
				(Analgesia)) was amended to remove "Monitored Anesthesia Care" and to add risks
				and hazards related to potential long-term negative effects with the use of
				prolonged (greater than 3 hours) or repeated exposure to anesthesia on the
				fetus of a woman in her 3rd trimester of pregnancy and on a child up to 3 years
				of age.