§ 74.107.Informed Consent for Hysterectomies

Title 4. Liability in Tort · Chapter 74. Medical Liability · Subchapter C. Informed Consent · Last amended 2003 · Last verified August 29, 2026

In one sentenceSection 74.107 requires the panel to prepare layperson-readable hysterectomy materials covering seven specified points, and requires informed consent before the procedure except in a life-threatening situation.

Full Text of § 74.107

Text sizeJump to: (a) (b) (c) (d) (e)

(a)The disclosure panel shall develop and prepare written materials to inform a patient or person authorized to consent for a patient of the risks and hazards of a hysterectomy.

(b)The materials shall be available in English, Spanish, and any other language the panel considers appropriate. The information must be presented in a manner understandable to a layperson.

(c)The materials must include:

(1)a notice that a decision made at any time to refuse to undergo a hysterectomy will not result in the withdrawal or withholding of any benefits provided by programs or projects receiving federal funds or otherwise affect the patient's right to future care or treatment;

(2)the name of the person providing and explaining the materials;

(3)a statement that the patient or person authorized to consent for the patient understands that the hysterectomy is permanent and nonreversible and that the patient will not be able to become pregnant or bear children if she undergoes a hysterectomy;

(4)a statement that the patient has the right to seek a consultation from a second physician;

(5)a statement that the patient or person authorized to consent for the patient has been informed that a hysterectomy is a removal of the uterus through an incision in the lower abdomen or vagina and that additional surgery may be necessary to remove or repair other organs, including an ovary, tube, appendix, bladder, rectum, or vagina;

(6)a description of the risks and hazards involved in the performance of the procedure; and

(7)a written statement to be signed by the patient or person authorized to consent for the patient indicating that the materials have been provided and explained to the patient or person authorized to consent for the patient and that the patient or person authorized to consent for the patient understands the nature and consequences of a hysterectomy.

(d)The physician or health care provider shall obtain informed consent under this section and Section 74.104 from the patient or person authorized to consent for the patient before performing a hysterectomy unless the hysterectomy is performed in a life- threatening situation in which the physician determines obtaining informed consent is not reasonably possible. If obtaining informed consent is not reasonably possible, the physician or health care provider shall include in the patient's medical records a written statement signed by the physician certifying the nature of the emergency.

(e)The disclosure panel may not prescribe materials under this section without first consulting with the Texas State Board of Medical Examiners.

End

Plain-English Summary

The one procedure the Legislature singled out for its own disclosure regime.

The panel shall develop and prepare written materials to inform a patient of the risks and hazards of a hysterectomy, available in English, Spanish, and any other language the panel considers appropriate, and presented in a manner understandable to a layperson.

Seven required contents, and the first two address coercion rather than medicine. A notice that refusing at any time will not result in the withdrawal of benefits from federally funded programs or otherwise affect the right to future care. And the name of the person providing and explaining the materials.

That first requirement has a history. Federal sterilisation consent rules exist because coerced and uninformed sterilisations happened, disproportionately to poor women and women of colour, and the assurance about benefits is aimed squarely at that.

The remaining five: a statement that the patient understands the procedure is permanent and nonreversible and she will not be able to become pregnant; that she has the right to seek a second opinion; a plain description of what the operation involves and that additional surgery may be necessary on other organs; a description of the risks and hazards; and a written statement to be signed confirming the materials were provided, explained, and understood.

Subsection (d) requires informed consent under this section and the general duty section before performing a hysterectomy, unless it is performed in a life-threatening situation in which the physician determines obtaining consent is not reasonably possible — in which case a written statement certifying the situation goes in the medical records.

The panel may not prescribe materials without first consulting the state medical board.

Frequently Asked Questions

What must a patient be told before a hysterectomy in Texas?

That the procedure is permanent and she will not be able to bear children, that she may seek a second opinion, what the operation involves and that additional surgery may be needed, the risks and hazards, and that refusing will not affect her benefits or future care.

What languages are the materials available in?

English, Spanish, and any other language the panel considers appropriate, presented in a manner understandable to a layperson.

Is there an exception to the hysterectomy consent requirement?

Yes, where the hysterectomy is performed in a life-threatening situation in which the physician determines obtaining informed consent is not reasonably possible. A written statement must then go in the medical records.

Amendment History

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source