§ 80.07 Procedures of the committees and panels.\n (a) The committee shall receive declarations filed on behalf of\npatients, as follows:\n 1. A declaration may be filed by a declarant on behalf of any patient,\nresiding within the geographic area served by the committee, who is\nbelieved to be in need of major medical treatment and to lack the\ncapacity to consent to or refuse major medical treatment. Jurisdiction\nby the surrogate decision-making committee may continue throughout all\nsubsequent proceedings related to the major medical treatment proposed\nin the initial declaration notwithstanding the patient's transfer\noutside of the geographic region or discharge from the facility.\n 2. A declaration shall be signed by the declarant and shall state the\nfollowing:\n (i) the patient does not have a parent, spouse, adult child, committee\nof the person, conservator or legal guardian, or other available\nsurrogate authorized by regulation in accordance with section 33.03 of\nthis chapter; or that the patient's parent, spouse, adult child,\ncommittee of the person, conservator, legal guardian, or other available\nsurrogate authorized by regulation in accordance with section 33.03 of\nthis chapter is willing to allow the panel to act upon the declaration;\n (ii) the reasons for believing that the patient lacks the capacity to\nconsent to or refuse major medical treatment and the factual and\nprofessional basis for this belief, which may include an independent\nevaluation by a person qualified to assess the patient's capacity to\nmake such medical decisions;\n (iii) a description of the proposed major medical treatment and of the\npatient's medical condition which requires such treatment; the risks,\nalternatives and benefits to the patient of such treatment; a statement\nof declarant's opinion of whether the best interests of the patient\nwould be promoted by such treatment and the basis for the opinion; the\npatient's view of the proposed treatment, if known; and such other\ninformation as may be necessary to establish the need for such\ntreatment.\n (b) Upon receipt of the declaration, the committee shall send a copy\nof the declaration forthwith to the patient and to the patient's parent,\nspouse, adult child, or other available surrogate authorized by\nregulation in accordance with section 33.03 of this chapter, committee\nof the person, conservator, legal guardian or correspondent, if known,\nthe director of the patient's residential mental hygiene facility, if\nany, or such director's designee and the mental hygiene legal service\nwhich serves the same region as the committee. The chairperson of the\ncommittee or his or her designee shall assign the declaration to one of\nits panels, whose members will also receive a copy of the declaration.\nThe declaration shall be accompanied by a notice of the time, place and\ndate of the panel hearing on the declaration. The hearing shall be\nscheduled no earlier than five days after such declaration is sent,\nexcept where medical circumstances require a more immediate hearing or\nwhere the consent of the patient's parent, spouse, adult child,\ncommittee of the person, conservator, legal guardian or correspondent,\nif known, the director of the patient's mental hygiene residential\nfacility, if any, or such director's designee and the mental hygiene\nlegal service has been obtained for conducting a more immediate hearing.\nThe notice shall inform recipients of the procedures of the panels,\nincluding the opportunity for the recipient to be present and to be\nheard.\n (c) The declaration shall, prior to the date of the panel hearing, be\nreviewed by the panel chairman or his designee to ascertain whether\nadditional information may be necessary to assist the panel in\ndetermining the patient's need for surrogate decision-making and in\ndetermining whether the patient's best interests will be served by\nconsenting to or refusing major medical treatment on the patient's\nbehalf
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