Current through Reg. 50, No. 13; March 28, 2025
(a)
Acceptance for preliminary examination. In accordance with Texas Health and
Safety Code §
573.021 and
§
573.022, a
state hospital or CPB must accept for a preliminary examination:
(1) an individual, of any age, who has been
apprehended and transported to the state hospital or CPB by a peace officer or
by emergency medical services personnel in accordance with Texas Health and
Safety Code §
573.001 or
§
573.012;
or
(2) an adult who has been
transported to the state hospital or CPB by the adult's guardian in accordance
with Texas Health and Safety Code §
573.003.
(b) Preliminary examination.
(1) A physician must conduct a preliminary
examination of an individual as soon as possible but not more than 12 hours
after the individual is transported to the state hospital or CPB for emergency
detention.
(2) The preliminary
examination must consist of:
(A) an assessment
for medical stability; and
(B) a
psychiatric examination, including a substance use assessment if indicated, to
determine if the individual meets the criteria described in subsection (c)(1)
of this section.
(c) Requirements for emergency detention. The
state hospital or CPB may admit an individual for emergency detention if:
(1) in accordance with Texas Health and
Safety Code §
573.022(a)(2),
a physician determines from the preliminary examination that:
(A) the individual has a mental
illness;
(B) the individual
evidences a substantial risk of serious harm to himself or others;
(C) the described risk of harm is imminent
unless the individual is immediately detained; and
(D) emergency detention is the least
restrictive means by which the necessary detention may be
accomplished;
(2) in
accordance with Texas Health and Safety Code §
573.022(a)(3),
a physician must make a written statement documenting the determination
described in paragraph (1) of this subsection and describing:
(A) the nature of the individual's mental
illness;
(B) the risk of harm the
individual evidences, demonstrated either by the individual's behavior or by
evidence of severe emotional distress and deterioration in the individual's
mental condition to the extent that the individual cannot remain at liberty;
and
(C) the detailed information on
which the physician based the determination;
(3) the physician issues and signs a written
order admitting the individual for emergency detention; and
(4) the individual meets the admission
criteria of the state hospital or CPB.
(d) Release.
(1) The state hospital or CPB must release
the individual accepted for a preliminary examination if:
(A) a preliminary examination of the
individual has not been conducted within 12 hours after the individual is
apprehended and transported to the facility by the peace officer or transported
for emergency detention; or
(B) in
accordance with Texas Health and Safety Code §
573.023(a),
the individual is not admitted for emergency detention on completion of the
preliminary examination.
(2) If the state hospital or CPB does not
admit the individual on an emergency detention in accordance with Texas Health
and Safety Code Chapter 573, the facility must contact the designated LMHA or
LBHA to provide referrals and referral follow-up for ongoing services as
clinically indicated to address the individual's mental health needs.
(A) The LMHA or LBHA in the individual's
county of residence must contact the individual within 24 hours of being
notified that the individual does not meet emergency detention
criteria.
(B) The LMHA or LBHA must
provide referrals and referral follow-up for ongoing services as clinically
indicated to address the individual's mental health needs, as applicable, when
the individual does not meet admission criteria to a state hospital or
CPB.
(3) In accordance
with Texas Health and Safety Code §
576.007(a),
if an individual who is an adult is not admitted on emergency detention, the
state hospital or CPB must make a reasonable effort to notify the individual's
family, or any other person providing support as authorized by the individual
and LAR, if applicable, before the individual is released.
(e) Intake assessment. An
assessment professional for a state hospital or CPB must conduct an intake
assessment as soon as possible, but not later than 24 hours after an individual
is admitted for emergency detention. All documents related to the intake
assessment must be provided to the individual or LAR and include:
(1) a request for relevant information about
the individual, such as:
(A) psychiatric and
medical history;
(F) third-party coverage or insurance
benefits; and
(G) advance
directives; and
(2) a
written and oral explanation of:
(A) the
individual's rights described in Chapter 320, Subchapter A of this
title(relating to Rights of Individuals Receiving Mental Health
Services);
(B) the state hospital's
or CPB's services and treatment as the services and treatment relate to the
individual;
(C) the existence,
purpose, telephone number, and address of the protection and advocacy system
established in Texas, pursuant to Texas Health and Safety Code §
576.008;
and
(D) the individual's trust fund
account, charges for services, and the financial responsibility form.