1. (a) If DADS approves an application packet for a treatment decision, DADS appoints a surrogate consent committee that:

   1. (1) is composed of at least three but not more than five volunteers who:

      1. (A) are 18 years of age or older;
      2. (B) are not employees or contractors of the community program provider;

      3. (C) do not manage or exercise supervisory control over:

         1. (i) the community program provider or the employees of the community program provider; or
         2. (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;
      4. (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;
      5. (E) are not parents, siblings, spouses, or children of the individual for whom a treatment decision is being sought; and
      6. (F) have completed a training program conducted by DADS; and

   2. (2) includes at least one volunteer who:

      1. (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
      2. (B) has demonstrated expertise or interest in the care and treatment of individuals with mental retardation.
2. (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.