26 Tex. Admin. Code § 306.204 - Discharge of an Individual Involuntarily Receiving Treatment
(a) Discharge from emergency detention.
(1) Except as provided by §
306.178 of this subchapter
(relating to Voluntary Treatment Following Involuntary Admission) and in
accordance with Texas Health and Safety Code §
573.021(b)
and §
573.023(b),
a state hospital or CPB must immediately discharge an individual under
emergency detention if:
(A) the state hospital
administrator, administrator of the CPB, or designee concludes, based on a
physician's determination, the individual no longer meets the criteria in
§
306.176(c)(1) of
this subchapter (relating to Admission Criteria for a State Hospital or a
Facility with a Contracted Psychiatric Bed for Emergency Detention);
or
(B) except as provided in
paragraph (2) of this subsection:
(i) 48 hours
has elapsed from the time the individual was presented to the state hospital or
CPB; and
(ii) the state hospital or
CPB has not obtained a court order for further detention of the
individual.
(2) In accordance with Texas Health and
Safety Code §
573.021(b),
if the 48-hour period described in paragraph (1)(B)(i) of this subsection ends
on a Saturday, Sunday, or legal holiday, or before 4:00 p.m. on the next
business day after the individual was presented to the state hospital or CPB,
the state hospital or CPB may detain the individual until 4:00 p.m. on such
business day.
(b)
Discharge under order of protective custody. Except as provided by §
306.178 of this subchapter and in
accordance with Texas Health and Safety Code §
574.028, a
state hospital or CPB must immediately discharge an individual under an order
of protective custody if:
(1) the state
hospital administrator, administrator of the CPB, or designee determines that,
based on a physician's determination, the individual no longer meets the
criteria described in Texas Health and Safety Code §
574.022(a);
(2) the state hospital administrator,
administrator of the CPB, or designee does not receive notice that the
individual's continued detention is authorized after a probable cause hearing
held within the period prescribed by Texas Health and Safety Code §
574.025(b);
(3) a final order for court-ordered inpatient
mental health services has not been entered within the period prescribed by
Texas Health and Safety Code §
574.005;
or
(4) an order to release the
individual is issued in accordance with Texas Health and Safety Code §
574.028(a).
(c) Discharge under
court-ordered inpatient mental health services.
(1) Except as provided by §
306.178 of this subchapter and in
accordance with Texas Health and Safety Code §
574.085 and
§
574.086(a),
a state hospital or CPB must immediately discharge an individual under a
temporary or extended order for inpatient mental health services if:
(A) the order for inpatient mental health
services expires; or
(B) the state
hospital administrator, administrator of the CPB, or designee concludes that,
based on a physician's determination, the individual no longer meets the
criteria for court-ordered inpatient mental health services.
(2) In accordance with Texas
Health and Safety Code §
574.086(b),
before discharging an individual in accordance with paragraph (1) of this
subsection, the state hospital administrator, administrator of the CPB, or
designee must consider whether the individual should receive court-ordered
outpatient mental health services in accordance with a modified order described
in Texas Health and Safety Code §
574.061.
(3) In accordance with Texas Health and
Safety Code §
574.081, at
the time an individual receiving court-ordered inpatient mental health services
is furloughed or discharged from a state hospital or CPB, the state hospital or
CPB must provide and pay for psychoactive medication and any other medication
prescribed to counteract adverse side effects of psychoactive medication. This
requirement also applies for a patient on a pass.
(A) A state hospital or CPB is only required
to provide or pay for these medications if funding to cover the cost of the
medications is available to be paid to the facility for this purpose from
HHSC.
(B) The state hospital or CPB
must provide or pay for the medications in an amount sufficient to last until
the individual can see a physician, or provider with prescriptive authority,
but the state hospital or CPB is not required to provide or pay for more than a
seven-day supply.
(C) The state
hospital or CPB must inform an individual if funding is not available to
provide or pay for the medications upon pass, furlough, or discharge, and if
funding is not available, the individual's designated LMHA or LBHA is
responsible for providing psychoactive medications as provided in
§306.207(2)(A) of this division (relating to Post Discharge or Furlough:
Contact and Implementation of the Recovery or Treatment Plan), if
applicable.
(4) An
individual committed under Texas Code of Criminal Procedure Chapter 46B or 46C
may only be discharged as provided by §306.202(f) of this division
(relating to Special Considerations for Discharge Planning).
(d) Discharge packet. A state
hospital administrator, administrator of a CPB, or designee must forward a
discharge packet, as provided in §306.201(h) of this division (relating to
Discharge Planning), of any individual committed under the Texas Code of
Criminal Procedure to the jail and the LMHA or LBHA in accordance with state
and federal privacy laws.
Notes
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