Sec. 597.048. REVIEW OF APPLICATION. (a) The committee shall review the application at the time, place, and date provided in the notice under Section 597.045.
(b) A person notified under Section 597.045 is entitled to be present and to present evidence personally or through a representative.
(c) The committee may take testimony or review evidence from any person who might assist the committee in determining a client's best interest.
(d) Formal rules of evidence do not apply to committee proceedings.
(e) If practicable, the committee shall interview and observe the client before making a determination of the client's best interest, and in those cases when a client is not interviewed, the reason must be documented in the committee's record.
(f) At any time before the committee makes its determination of a client's best interest under Section 597.049, the committee chair may suspend the review of the application for not more than five days if any person applies for appointment as the client's guardian of the person in accordance with the Estates Code.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 450, Sec. 5, eff. Sept. 1, 1997. Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1484, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle D - Persons With an Intellectual Disability Act
Chapter 597 - Capacity of Clients to Consent to Treatment
Subchapter C. Surrogate Consent for Icf-Iid Clients
Section 597.041. Surrogate Decision-Makers
Section 597.042. Surrogate Consent Committee Established; Departmental Support
Section 597.043. Committee Membership
Section 597.044. Application for Treatment Decision
Section 597.045. Notice of Review of Application for Treatment Decision
Section 597.046. Prereview of Application
Section 597.047. Confidential Information
Section 597.048. Review of Application
Section 597.049. Determination of Best Interest
Section 597.050. Notice of Determination
Section 597.051. Effect of Committee's Determination