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 4 - TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES
Section 306.191 - Transfers Between State Hospitals

(a) The individual, LAR, if applicable, any other person authorized by the individual, state hospital staff, or the designated LMHA or LBHA, may initiate a request to transfer an individual from one state hospital to another state hospital.

(b) A transfer between state hospitals may occur when deemed advisable by the administrator of the transferring state hospital with the agreement of the administrator of the receiving state hospital based on:

(c) An individual voluntarily receiving treatment may not be transferred without the consent of the individual or LAR who made the request for voluntary admission in accordance with § 306.175(a)(1) of this subchapter (relating to Voluntary Admission Criteria for a State Hospital or a Facility with a Contracted Psychiatric Bed).

(d) In accordance with Texas Health and Safety Code § 575.011 and § 575.017, if a state hospital transfers an individual receiving court-ordered inpatient mental health services from one state hospital to another state hospital, the transferring state hospital must notify the committing court and the designated LMHA, LBHA, or LIDDA of the transfer.

(e) If a prosecuting attorney has notified the state hospital administrator that an individual has criminal charges pending, the administrator must notify the judge of the court before which charges are pending if the individual transfers to another state hospital.

(f) For an individual transferring between a state hospital and a maximum-security unit or adolescent forensic unit, 25 TAC Chapter 415, Subchapter G (relating to Determination of Manifest Dangerousness) governs the transfer.