| (a) DADS sends notice of a surrogate consent committee
hearing to:
(1) each volunteer on the surrogate consent committee;
and
(2) the community program provider.
(b) The notice described in subsection (a) of this
section includes:
(1) the date, time, and location of the hearing;
(2) the name of the individual for whom a treatment
decision is sought; and
(3) the type of treatment decision to be considered
at the hearing.
(c) DADS sends each volunteer on the surrogate consent
committee, in addition to the notice of hearing described in subsection
(a) of this section:
(1) relevant portions of the application packet; and
(2) a written consultation from a DADS health care
professional licensed or registered in Texas to assist the committee
in determining the individual's best interest regarding the treatment
decision.
(d) A community program provider must give notice of
the surrogate consent committee hearing to:
(1) the individual for whom a treatment decision is
being sought;
(2) the individual's actively involved spouse, adult
child, parent, adult sibling, stepparent, or other adult relative;
and
(3) any person known to have a demonstrated interest
in the care and welfare of the individual, such as an advocate or
a friend identified by the individual.
(e) Concerning a notice required by subsection (d)(1)
of this section, a community program provider must:
(1) include in the notice:
(A) the date, time, and location of the hearing; and
(B) the type of treatment decision to be considered
at the hearing;
(2) explain the notice to the individual using the
individual's primary language or mode of communication; and
(3) document that the explanation required in paragraph
(2) of this subsection was given.
(f) Concerning a notice required by subsection (d)(2)
and (3) of this section, a community program provider must:
(1) include in the notice:
(A) the date, time, and location of the hearing;
(B) the name of the individual for whom a treatment
decision is sought;
(C) the type of treatment decision to be considered
at the hearing;
(D) a copy of the completed, original SDM Form 2700,
Application for a Treatment Decision by a Surrogate Consent Committee;
and
(E) a statement concerning the opportunity to:
(i) attend the hearing and present evidence or testimony
personally or through a representative; and
(ii) appeal the surrogate consent committee's decision
in accordance with THSC, §597.053; and
(2) send the notice in writing and by certified mail.
|
| Source Note: The provisions of this §261.291 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 |
