The review committee shall be constituted by a psychiatrist and an inter- or multidisciplinary team different from that which tends to the person, as defined in this chapter, to be appointed by the director of the institution. As part of this committee, a representative from an independent community-based organization shall be designated to represent the public interest. Said committee shall be empowered to review the determinations made by the medical director or his/her representative, when the reconsideration procedure has been followed pursuant to the provisions of § 6153u of this title. Once the request for review is received, the committee shall open a record of the proceedings, which shall form part of the person’s clinical record. The committee shall have two (2) working days to conduct a review hearing. The petitioner or his/her representative shall have the right to be heard and to present evidence in said hearing. Within forty-eight (48) hours after the hearing is held, the committee shall submit its findings of facts and conclusions in writing to the petitioner or his/her representative, and to the director of the institution. If the petitioner does not agree, he/she may file an injunction with the Court of First Instance.
When any of the members of the review committee is related with the situation to be considered, he/she shall disqualify him/herself from reviewing the case.
The committee shall conduct its proceedings so as to guarantee an impartial hearing and due process of law.
History —Oct. 2, 2000, No. 408, § 2.23; Aug. 6, 2008, No. 183, § 19.