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Revision 26-3; Effective Sept. 1, 2026
Grantees must obtain the client’s written and voluntary general consent to receive services before they receive any clinical services. 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 a client does not receive services for a period of three years or more, a new general consent must be signed before beginning delivery of services.
A client’s verbal consent for general treatment may be obtained by phone. This type of consent is acceptable for treatment provided through telemedicine. To record a client’s verbal consent, the agency staff who obtains the consent must read the consent form to the applicant and document that the applicant affirms by giving their verbal consent for treatment. The document must include the date and time of the applicant’s consent and the agency staff’s signature at the time the consent is obtained. The client must sign the consent at their next visit to the clinic.
Consent information must be effectively communicated to every client in an understandable manner. This communication must allow the client to participate, make sound decisions about their own medical care, and address any disabilities that impair communication in compliance with LEP regulations.
Grantees must not require a married client’s spouse to consent to the client’s services. Only the client may give consent unless they are legally incapable of doing so. In such cases, a parent, legal guardian or caregiver must consent on their behalf. Consent must never be obtained in a manner that could be perceived as coercive.
Clients who enter BCCS for services must also sign consent that authorizes the grantee to enter or view client protected health information in the statewide Med-IT® database. If this statement is not included in the general consent, another consent must be developed for the client to sign. This document must be included with the general consent in the client health record.
Grantees should consult a qualified attorney to determine the appropriateness of all consent forms used by their health care agency.
2410 Texas Medical Disclosure Panel Informed Consent
Revision 26-3; Effective Sept. 1, 2026
The Texas Legislature established the Texas Medical Disclosure Pane (TMDP) 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 people authorized to consent for their clients; and
- establish the general form and substance of such disclosure.
The grantee must make sure informed consent is obtained from the client for procedures per TMDP. The treatments and procedures by a health care provider or physician that require disclosure of specific risks and hazards to a client or person authorized to consent for the client are in List A of TAC Title 25, Part 7, Chapter 602. The procedures that do not require disclosure of specific risks and hazards are in List B of TAC Title 25, Part 7, Chapter 603.
The TMDP has established several procedure-specific disclosure and consent forms for use.