One of the rights parents can have in Texas is the right to consent to ‘invasive medical procedures.’ But what is an invasive medical procedure? When a parent has to consult with another parent before consenting, or doesn’t have the right to consent to an invasive medical procedure, they will want to know the definition of ‘invasive.’
Some things are clearly invasive, such as an appendectomy, where the appendix is removed. The doctors are cutting into the abdomen to remove a part of the body. But what about braces? In the case here, the Court of Appeals out of Fort Worth determined that since ‘invasive procedure’ is not defined in the Texas Family Code, it was appropriate to use the Texas Health and Safety Code, Section 85.202(3).
That provision defines “invasive procedure” as a “surgical entry into tissues, cavities, or organs; or repair of major traumatic injuries associated with . . . the manipulation, cutting, or removal of any oral or perioral tissues, including tooth structure, during which bleeding occurs or the potential for bleeding exists.”