26 Tex. Admin. Code § 261.293 - Surrogate Consent Committee Hearing
(a) A
person notified of a surrogate consent committee hearing, as required by §
261.291(a) and
(d) of this chapter (relating to Notice of
Hearing and Documents Provided to Surrogate Consent Committee), is entitled to
be present at the hearing and to present evidence or testimony personally or
through a representative.
(b) A
community program provider must ensure that:
(1) the individual for whom the treatment
decision is sought is present at the hearing, if practicable;
(2) the individual's record is at the
hearing; and
(3) an audio recording
of the hearing is made.
(c) At a surrogate consent committee hearing,
the committee:
(1) must review the
documentation described in §
261.291(c) of
this chapter and any additional information provided to the committee by
DADS;
(2) must interview and
observe the individual, if practicable, and document its impressions of the
interview and observation;
(3) must
review evidence or hear testimony from a person notified of the hearing as
required by §
261.291(a) and
(d) of this chapter, or the person's
representative, if the person or the person's representative makes a request to
present evidence or testimony at the hearing; and
(4) may review evidence or hear testimony
from any person who may be able to assist the committee in making a treatment
decision.
(d) After the
surrogate consent committee has reviewed all evidence and heard all testimony,
the committee must enter into closed deliberations and make the treatment
decision.
(e) In making the
treatment decision, the surrogate consent committee must determine, based on
clear and convincing evidence, whether the proposed treatment, medication, or
procedure is in the best interest of the individual.
(1) If a majority of the volunteers on the
surrogate consent committee determine that the proposed treatment, medication,
or procedure is in the best interest of the individual, the committee must
consent to the proposed treatment, medication, or procedure.
(2) If a majority of the volunteers on the
surrogate consent committee determine that the proposed treatment, medication,
or procedure is not in the best interest of the individual, the committee must
deny consent to the proposed treatment, medication, or procedure.
(f) If the surrogate consent
committee consents to the proposed treatment, medication, or procedure, the
committee must determine the date on which the consent becomes effective and
the duration of the consent.
(g) If
an application for a guardianship proceeding for the individual has been filed
before the surrogate consent committee makes a treatment decision, the
committee must, before continuing with the hearing, make one of the following
determinations:
(1) a person has not been
appointed guardian of the person for the individual within five days after
suspension of the committee proceeding in accordance with §
261.294 of this chapter (relating
to Notice of Guardianship Proceeding); or
(2) there is a medical necessity, based on
clear and convincing evidence, that the treatment decision be made within five
days after the hearing date.
(h) Formal rules of evidence are not
applicable to a surrogate consent committee hearing.
(i) A surrogate consent committee must
conduct the hearing and document its treatment decision in accordance with
written instructions from DADS available at www.dads.state.tx.us.
(j) A community program provider must:
(1) send to DADS in accordance with written
instructions from DADS available at www.dads.state.tx.us:
(A) the audio recording of a hearing made in
accordance with subsection (b) of this section;
(B) the documentation completed by the
surrogate consent committee; and
(C) the written evidence presented at the
hearing; and
(2) send to
a person notified of a surrogate consent committee hearing, as required by
§
261.291(a) and
(d) of this chapter, the documentation
completed by the surrogate consent committee.
Notes
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