1. (a) A community program provider must submit an application packet for a treatment decision by a surrogate consent committee, as described in §9.288 of this division (relating to Surrogate Consent Committee Decisions), if:

   1. (1) the community program provider is unable to identify a surrogate decision-maker in accordance with §9.286(d) of this division (relating to Surrogate Decision-Maker), including because of an unresolved dispute described in §9.286(e) of this division;
   2. (2) an identified surrogate decision-maker has deferred a specific decision to the surrogate consent committee; or
   3. (3) the community program provider is seeking a decision regarding the use of a psychoactive medication or a highly restrictive procedure.

2. (b) A community program provider must submit an application packet for a treatment decision in accordance with written instructions from DADS. The application packet must include:

   1. (1) a completed, original SDM Form 2700, Application for a Treatment Decision by a Surrogate Consent Committee;
   2. (2) a completed, original SDM Form 2725, List of Persons to Receive Notification of SCC Hearing;
   3. (3) a completed, original SDM Form 2750, SDM Data Form;
   4. (4) the applicable certification of need form; and
   5. (5) appropriate supporting documentation.
3. (c) The instructions and forms described in subsection (b) of this section are available on the DADS website at www.dads.state.tx.us.
4. (d) Upon request by DADS, the community program provider must submit additional information related to the application packet for a treatment decision.
5. (e) If DADS determines that the community program provider has not completed the application process within a reasonable period of time, DADS does not proceed with the application process and closes the case.
6. (f) If DADS closes the case and a treatment decision is still required in accordance with subsection (a) of this section, the community program provider must submit a new application packet in accordance with subsection (b) of this section.
7. (g) DADS notifies the community program provider, in writing, if DADS closes the case.
8. (h) If DADS approves an application packet for a treatment decision, DADS appoints a surrogate consent committee in accordance with §9.290 of this division (relating to Appointment and Qualifications of a Surrogate Consent Committee).

Source Note:The provisions of this §261.289 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.