Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM
Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, DISCHARGE, AND CONTINUITY OF CARE
Division 3 - ADMISSION TO A STATE HOSPITAL OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES
Section 306.177 - Admission Criteria Under Order of Protective Custody or Court-ordered Inpatient Mental Health Services

Universal Citation: 26 TX Admin Code § 306.177

Current through Reg. 50, No. 13; March 28, 2025

(a) A state hospital or CPB may admit an individual after receiving:

(1) an order of protective custody only if a court has issued a protective custody order in accordance with Texas Health and Safety Code § 574.022 and the facility has received it; or

(2) for court-ordered inpatient mental health services only if a court has issued:
(A) an order for temporary inpatient mental health services issued in accordance with Texas Health and Safety Code § 574.034, or Texas Family Code Chapter 55;

(B) an order for extended inpatient mental health services issued in accordance with Texas Health and Safety Code § 574.035, or Texas Family Code Chapter 55;

(C) an order for commitment issued in accordance with the Texas Code of Criminal Procedure Chapter 46B; or

(D) an order for commitment issued in accordance with the Texas Code of Criminal Procedure Chapter 46C.

(b) If a state hospital or CPB admits an individual in accordance with subsection (a) of this section, a physician, PA, or APRN must issue and sign a written order admitting the individual.

(c) A state hospital or CPB must conduct an intake assessment with the individual, and LAR, if applicable, as soon as possible, but not later than 24 hours after the individual is admitted under a protective custody order or court-ordered inpatient mental health services. The intake assessment must include:

(1) a request for relevant information about the individual, including:
(A) psychiatric and medical history;

(B) social history;

(C) symptomology;

(D) support systems;

(E) finances;

(F) third-party coverage or insurance benefits; and

(G) advance directives; and

(2) a written and oral explanation provided to the individual or LAR 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; and

(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.

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