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There are two well-recognized exceptions to the need for informed consent to medical treatment. The more common is a medical emergency, in which an unconscious or delirious patient cannot consent. The second is rare and involves certain court-ordered treatments or treatments and tests mandated by law.
The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. There are 17 titles in the TAC. Each title represents a subject category and related agencies are assigned to the appropriate title.
In Texas, the physician is required to make reasonable disclosure of the risks of medical treatment and must secure the authority or consent of the patient to legally perform a medical procedure (4). In 1977, the duty to obtain a patients informed consent was codified in statute (5).
The Texas Supreme Court has held that the duty is as stated in Section 74.101 of the Informed Consent Statute: the provider must disclose the risks and hazards that could influence a reasonable person in making a decision to give or withhold consent.
(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.
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Obtain informed consent for all parts of the anesthesia care plan. If youre planning to do a block for postoperative pain, obtain consent for the block. The risks associated with nerve blocks are different from those associated with anesthesia; patients must understand what they are.

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