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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle D. PERSONS WITH MENTAL RETARDATION ACT |
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Chapter 597. CAPACITY OF CLIENTS TO CONSENT TO TREATMENT |
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Subchapter C. SURROGATE CONSENT FOR ICF-MR CLIENTS |
Sec. 597.048. REVIEW OF APPLICATION
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(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 Texas Probate Code.