Body
Revision 26-2; Effective Sept. 1, 2026
Grantees must obtain the client’s written and voluntary general consent to receive services before providing any clinical services. A general 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 reinitiating 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 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 signature of the agency staff who obtained consent. 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 decisions about their own medical care, and address any disabilities that impair communication in compliance with Limited English Proficiency regulations.
Grantees must not require a married client’s spouse to consent to the client’s services. Only the client may consent, unless 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.
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 26-2; Effective Sept. 1, 2026
Written informed consent for dental procedures must be obtained and must comply with the Texas Administrative Code (TAC), State Board of Dental Examiners, Rule 108.7, Minimum Standards of Care.
5120 Consent for Sterilization Procedures
Revision 26-2; Effective Sept. 1, 2026
Two consent forms are required for sterilization procedures:
- Sterilization Consent Form – English or Spanish and Instructions
- Texas Medical Disclosure Panel Consent Form.
5130 Texas Medical Disclosure Panel Consent
Revision 26-2; Effective Sept. 1, 2026
The Texas Legislature established the Texas Medical Disclosure Panel (TMDP) to:
- determine which medical care and surgical procedure risks and hazards must be disclosed by health care providers or physicians to their patients or people authorized to consent for their patients; and
- establish the general form and substance of such disclosure.
The grantee must make sure the client provides informed consent for procedures per TMDP. The treatments and procedures that require full disclosure of specific risks and hazards by a physician or health care provider to a patient or person authorized to consent for the patient 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 several procedure-specific disclosure and consent forms for use.
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.
5140 Consent for Services Provided to Minors
Revision 26-2; Effective Sept. 1, 2026
A parent generally must consent to treatment for minors. A minor is a person younger than 18 who has never been married and never been declared an adult by a court – emancipated. However, there are certain circumstances when a minor may consent for their own treatment.
Requirements for parental consent for the provision of family planning services to minors vary per the funding source that subsidizes the services. Providers may provide pregnancy testing, care related to pregnancy, HIV testing, sexually transmitted infection (STI) testing and treatment, 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:
- Adolescent Health – A Guide for Providers (PDF)
- Responsibilities for Treatment of Minors within the Family Planning Program and Healthy Texas Women Program (PDF)
- Chapter 151 of the Texas Family Code, Rights and Duties in Parent-Child Relationship
- Chapter 32 of the Texas Family Code, Consent to Treatment of Child by Non-Parent or Child
- Pelvic Exams – Chapter 167A of the Health and Safety Code
5150 Consent for HIV Tests
Revision 26-2; Effective Sept. 1, 2026
For HIV testing consent (PDF), grantees must comply with Texas Health and Safety Code.