Sec. 313.002. DEFINITIONS. 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.
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