§ 74.104.Duty of Physician or Health Care Provider

The duty itself, and it is triggered by the list rather than by the physician's judgment.

Before a patient or a person authorized to consent gives consent to any medical care or surgical procedure that appears on the disclosure panel's list requiring disclosure, the physician or provider shall disclose the risks and hazards involved in that kind of care or procedure.

The duty attaches to the procedure, not to the patient. The risks to be disclosed are those of that kind of care — the panel has already decided which risks matter for that procedure, and the physician is not making a case-by-case judgment about what this patient needs to hear.

The second sentence is the safe harbour: a physician or provider shall be considered to have complied with this section if disclosure is made as provided in Section 74.105 — the written, signed, and witnessed consent stating the risks in the form the panel requires.

That makes the whole scheme workable. A physician who uses the panel's form correctly has discharged the duty as a matter of law, rather than having to prove after the fact what was said in the consultation.

For a procedure on neither list, the effect-of-disclosure section leaves the physician under the duty otherwise imposed by law — the common law standard applies where the panel has not spoken.