Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 405.103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter, shall
													 have the following meanings, unless the context clearly indicates otherwise.
(1) Chemical or gaseous agents--Those substances which may be capable of
											  inducing a seizure and including, but not limited to, pentylenetetrazol (Metrazol) and flurothyl
											  (Indoklon).
(2) Chief executive officer--The superintendent or
											  director of a state hospital, state school, or state center; the executive director of a community mental
											  health and mental retardation center; or the person responsible for management and operation of a hospital or
											  other health care facility or entity providing ECT.
(3)
											  Commissioner--The commissioner of the Texas Department of Mental Health and Mental Retardation.
(4) Community mental health and mental retardation center--A community
											  mental health and/or mental retardation center established by the Texas Health and Safety Code, Chapter
											  534.
(5) Department--The Texas Department of Mental Health and
											  Mental Retardation.
(6) ECT--Electroconvulsive therapy.
(7) Electroconvulsive therapy (ECT)--A treatment in which controlled,
											  medically applied electrical current results in a therapeutic seizure, usually attenuated by anesthesia and
											  muscle relaxants.
(8) Fully qualified psychiatrist--A physician,
											  licensed to practice medicine in Texas, who has completed approved residency training in
											  psychiatry.
(9) Informed consent--The knowing consent of a
											  patient or the guardian of the person of the patient in keeping with the provisions of §
										405.108 of this title (relating to
											  Informed Consent to ECT), so situated as to be able to exercise free power of choice without undue inducement
											  or any element of force, fraud, deceit, duress, or other form of constraint or coercion. If consent is given
											  by the guardian of the person of a patient who has been adjudicated incompetent to manage his or her own
											  personal affairs, then the decision must be based on knowledge of what the patient would desire, if
											  known.
(10) Insulin coma treatment--The production of a coma for
											  therapeutic purposes through the administration of insulin.
(11)
											  Maintenance therapy--Treatment with electroconvulsive therapy on an individually determined intermittent
											  schedule for purposes of preventing relapse.
(12)
											  Multiple-monitored ECT--The induction of more than one adequate seizure during one episode of
											  anesthesia.
(13) Nurse anesthetist--A nurse credentialed by the
											  Board of Nurse Examiners as a nurse anesthetist.
(14) Prefrontal
											  sonic sound treatment--A treatment, not described or defined in biomedical literature, which is defined in
											  California statutes governing ECT and other treatments as "The direct stimulation and/or destruction of brain
											  cells or brain tissue by ultrasound for therapeutic purposes."
(15) Psychosurgery--Surgical intervention to sever fibers connecting one
											  part of the brain with another or to remove or to destroy brain tissue with the intent of modifying or
											  altering severe disturbances of behavior, thought content, or mood. For purposes of this subchapter, the term
											  does not include such surgery for the relief of intractable physical pain or the treatment of neurological
											  disease or abnormality.
(16) Regressive or depatterning ECT--The
											  prolonged use of daily or more frequent treatments.
(17)
											  Reportable therapies--Electroconvulsive therapy, insulin coma treatment, "prefrontal sonic sound treatment,"
											  psychosurgery, multiple-monitored ECT, "regressive" or "depatterning" ECT, or any other convulsive or
											  coma-producing therapy to treat mental illness.
(18) Series of
											  treatments--Usually six-15 treatments.
(19) TXMHMR medical
											  director--The department's medical director.
(20) Treatment--The
											  administration of electroconvulsive therapy, unilaterally or bilaterally, with anesthesia, under appropriate
											  clinical conditions for monitoring, safety, and efficacy.