Terms Used In Texas Health and Safety Code 313.002

  • 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
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

In this chapter:
(1) “Adult” means a person 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.
(2) “Attending physician” means the physician with primary responsibility for a patient’s treatment and care.
(3) “Decision-making capacity” means the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment and the ability to reach an informed decision in the matter.
(3-a) “Home and community support services agency” means a facility licensed under Chapter 142.
(4) “Hospital” means a facility licensed under Chapter 241.
(5) “Incapacitated” means lacking the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to any proposed treatment decision.
(6) “Medical treatment” means a health care treatment, service, or procedure designed to maintain or treat a patient’s physical or mental condition, as well as preventative care.
(7) “Nursing home” means a facility licensed under Chapter 242.
(8) “Patient” means a person who:
(A) is admitted to a hospital;
(B) is residing in a nursing home;
(C) is receiving services from a home and community support services agency; or
(D) is an inmate of a county or municipal jail.
(9) “Physician” means:
(A) a physician licensed by the Texas State Board of Medical Examiners; or
(B) a physician with proper credentials who holds a commission in a branch of the armed services of the United States and who is serving on active duty in this state.
(10) “Surrogate decision-maker” means an individual with decision-making capacity who is identified as the person who has authority to consent to medical treatment on behalf of an incapacitated patient in need of medical treatment.