| (a) If DADS approves an application packet for a treatment
decision, DADS appoints a surrogate consent committee that:
(1) is composed of at least three but not more than
five volunteers who:
(A) are 18 years of age or older;
(B) are not employees or contractors of the community
program provider;
(C) do not manage or exercise supervisory control over:
(i) the community program provider or the employees
of the community program provider; or
(ii) any company, corporation, or other legal entity
that manages or exercises control over the community program provider
or the employees of the community program provider;
(D) do not have a financial interest in the community
program provider or in any company, corporation, or other legal entity
that has a financial interest in the community program provider;
(E) are not parents, siblings, spouses, or children
of the individual for whom a treatment decision is being sought; and
(F) have completed a training program conducted by
DADS; and
(2) includes at least one volunteer who:
(A) is a health care professional who is licensed or
registered in Texas and who has specialized training in medicine,
psychopharmacology, nursing, or psychology; or
(B) has demonstrated expertise or interest in the care
and treatment of individuals with mental retardation.
(b) DADS appoints one of the volunteers on the surrogate
consent committee to be chairperson of the committee.
|
| Source Note: The provisions of this §261.290 adopted to be effective July 1, 2007, 32 TexReg 3856; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |
