Texas Civil Practice and Remedies Code

§ 74.102 — TEXAS MEDICAL DISCLOSURE PANEL

CP § 74.102Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. C. INFORMED CONSENT

Statute text

(a)The Texas Medical Disclosure Panel is created to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure.

(b)The disclosure panel established herein is administratively attached to the Health and Human Services Commission. The commission, at the request of the disclosure panel, shall provide administrative assistance to the panel; and the commission and the disclosure panel shall coordinate administrative responsibilities in order to avoid unnecessary duplication of facilities and services. The commission, at the request of the panel, shall submit the panel's budget request to the legislature. The panel shall be subject, except where inconsistent, to the rules and procedures of the commission; however, the duties and responsibilities of the panel as set forth in this chapter shall be exercised solely by the disclosure panel, and the executive commissioner of the commission or the commission shall have no authority or responsibility with respect to same.

(c)The disclosure panel is composed of 13 members, with three members representing the public, at least one of whom has a background in health literacy, three members licensed to practice law in this state, at least one of whom has experience representing patients and at least one of whom has experience representing physicians or health care providers, and seven members licensed to practice medicine in this state. Members of the disclosure panel shall be selected by the executive commissioner of the Health and Human Services Commission.

(d)At the expiration of the term of each member of the disclosure panel so appointed, the executive commissioner of the Health and Human Services Commission shall select a successor, and such successor shall serve for a term of six years, or until that member's successor is selected. Any member who is absent for three consecutive meetings without the consent of a majority of the disclosure panel present at each such meeting may be removed by the executive commissioner at the request of the disclosure panel submitted in writing and signed by the chairman. Upon the death, resignation, or removal of any member, the executive commissioner shall fill the vacancy by selection for the unexpired portion of the term.

(e)Members of the disclosure panel are not entitled to compensation for their services, but each panelist is entitled to reimbursement of any necessary expense incurred in the performance of his duties on the panel, including necessary travel expenses.

(f)Meetings of the panel shall be held at the call of the chairman or on petition of at least three members of the panel. Notwithstanding Chapter 551, Government Code, or any other law, if any member of the panel is physically present at a meeting, any number of the other members of the panel may attend the meeting by use of telephone conference call, videoconferencing, or other similar telecommunication method for purposes of establishing a quorum or voting or for any other meeting purpose allowing a panel member to fully participate in any panel meeting. This subsection applies without regard to the subject matter discussed or considered by the panel at the meeting. A meeting held by telephone conference call, videoconferencing, or other similar telecommunication method:

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Legislative history

Acts 2005, 79th Leg., Ch. 1287 (H.B. 2476), Sec. 1, eff. June 18, 2005. Acts 2025, 89th Leg., R.S., Ch. 379 (H.B. 923), Sec. 1, eff. September 1, 2025.