Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter J - SURROGATE DECISION-MAKING
Section 261.293 - Surrogate Consent Committee Hearing

Universal Citation: 26 TX Admin Code § 261.293

Current through Reg. 49, No. 38; September 20, 2024

(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.

(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

(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.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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