(a) If a community program provider is seeking a decision regarding any of the matters described in §9.281(b)(1) - (5) of this division (relating to Purpose) for an adult individual who does not have an LAR, the community program provider must conduct an assessment of the individual to determine whether the individual has the capacity to make an informed decision.
(b) To conduct the assessment, the community program provider must:
  (1) provide the following information to the individual:
    (A) a description of the condition that the proposed treatment, medication, or procedure is intended to improve or cure;
    (B) a description of the proposed treatment, medication, or procedure, including:
      (i) the individual's need for it; and
      (ii) the potential benefits and risks of it to the individual;
    (C) a description of any generally accepted alternatives to the proposed treatment, medication, or procedure, including the risks and potential benefits of the alternatives to the individual;
    (D) the reasons the alternatives were not proposed for the individual, if applicable;
    (E) the time frames involved, such as immediacy of the need for the proposed treatment, medication, or procedure and the length of time that consent will be effective; and
    (F) that the individual has the right to refuse to give consent or withdraw consent;
  (2) take into consideration the individual's values and beliefs; and
  (3) determine whether the individual has the capacity to make an informed decision by demonstrating a basic understanding of the information provided in paragraph (1) of this subsection and communicating a decision, free from coercion or undue influence, about the proposed treatment, medication, or procedure.
(c) The community program provider must provide the information described in subsection (b)(1) of this section in non-technical terminology by using the individual's primary language or mode of communication.
(d) The community program provider must document the following:
  (1) the specific information provided to the individual as described in subsection (b)(1) of this section; and
  (2) the reasons the community program provider determined that the individual does or does not have the capacity to make an informed decision.

Source Note: The provisions of this §261.283 adopted to be effective July 1, 2007, 32 TexReg 3856; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127