(a) The executive commissioner by rule shall require an ICF-IID certified in this state to assess the capacity of each adult client without a legal guardian to make treatment decisions when there is evidence to suggest the individual is not capable of making a decision covered under this chapter.
(b) The rules must require the use of a uniform assessment process prescribed by department rule to determine a client’s capacity to make treatment decisions.

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Terms Used In Texas Health and Safety Code 597.021

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Rule: includes regulation. See Texas Government Code 311.005