Texas Health and Safety Code 597.043 – Committee Membership
(a) A surrogate consent committee considering an application for a treatment decision shall be composed of at least three but not more than five members, and consent on behalf of clients shall be based on consensus of the members.
(b) A committee considering an application for a treatment decision must consist of individuals who:
(1) are not employees of the facility;
(2) do not provide contractual services to the facility;
(3) do not manage or exercise supervisory control over:
(A) the facility or the employees of the facility; or
(B) any company, corporation, or other legal entity that manages or exercises control over the facility or the employees of the facility;
(4) do not have a financial interest in the facility or in any company, corporation, or other legal entity that has a financial interest in the facility; and
(5) are not related to the client.
Terms Used In Texas Health and Safety Code 597.043
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The list of qualified individuals from which committee members are drawn shall include:
(1) health care professionals licensed or registered in this state who have specialized training in medicine, psychopharmacology, nursing, or psychology;
(2) persons with an intellectual disability or parents, siblings, spouses, or children of a person with an intellectual disability;
(3) attorneys licensed in this state who have knowledge of legal issues of concern to persons with an intellectual disability or to the families of persons with an intellectual disability;
(4) members of private organizations that advocate on behalf of persons with an intellectual disability; and
(5) persons with demonstrated expertise or interest in the care and treatment of persons with an intellectual disability.
(d) At least one member of the committee must be an individual listed in Subsection (c)(1) or (5).
(e) A member of a committee shall participate in education and training as required by department rule.
(f) The department shall designate a committee chair.