Texas Health and Safety Code 241.151 – Definitions
Terms Used In Texas Health and Safety Code 241.151
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
In this subchapter:
(1) “Directory information” means information disclosing the presence of a person who is receiving inpatient, outpatient, or emergency services from a licensed hospital, the nature of the person’s injury, the person’s municipality of residence, sex, and age, and the general health status of the person as described in terms of “critical,” “poor,” “fair,” “good,” “excellent,” or similar terms.
(2) “Health care information” means information, including payment information, recorded in any form or medium that identifies a patient and relates to the history, diagnosis, treatment, or prognosis of a patient.
(3) “Health care provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.
(4) “Institutional review board” means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review or approve the initiation of or conduct periodic review of research programs to ensure the protection of the rights and welfare of human research subjects.
(5) “Legally authorized representative” means:
(A) a parent or legal guardian if the patient is a minor;
(B) a legal guardian if the patient has been adjudicated incapacitated to manage the patient’s personal affairs;
(C) an agent of the patient authorized under a medical power of attorney;
(D) an attorney ad litem appointed for the patient;
(E) a person authorized to consent to medical treatment on behalf of the patient under Chapter 313;
(F) a guardian ad litem appointed for the patient;
(G) a personal representative or heir of the patient, as defined by Chapter 22, Estates Code, if the patient is deceased;
(H) an attorney retained by the patient or by the patient’s legally authorized representative; or
(I) a person exercising a power granted to the person in the person’s capacity as an attorney-in-fact or agent of the patient by a statutory durable power of attorney that is signed by the patient as principal.