Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES
Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS
Section 415.311 - Disagreement with DSHS Dangerousness Review Board Determination and Referral to Commissioner

(a) If the MSU/SAU CEO disagrees with the DSHS Dangerousness Review Board's determination, then the CEO will refer the matter to the commissioner for resolution. The referral must be in writing and include the CEO's reason(s) for disagreeing with the determination and documentation supporting the reason(s). Transfer of the individual from the MSU/SAU is stayed pending resolution.

(b) The commissioner will resolve the disagreement by deciding whether or not the individual is manifestly dangerous. The commissioner will inform the MSU/SAU CEO of the decision within 21 days after receipt of the referral.

(c) If the individual, LAR, or treatment team member disagrees with the DSHS Dangerousness Review Board's determination, then he/she may request that the MSU/SAU CEO refer the matter to the commissioner for resolution. The request must be in writing and received by the CEO within five days after receipt of the written report as described in § 415.305(j) of this title (relating to Procedures and Requirements for All Review Boards). The request must include the reason(s) for disagreeing with the determination and documentation supporting the reason(s). Upon receipt, the CEO will review the request and decide whether to refer the matter to the commissioner in accordance with subsection (a) of this section.