Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 307 - BEHAVIORAL HEALTH PROGRAMS
Subchapter D - OUTPATIENT COMPETENCY RESTORATION
Section 307.169 - Written Policies and Procedures

Universal Citation: 26 TX Admin Code ยง 307.169

Current through Reg. 49, No. 38; September 20, 2024

An OCR provider must develop and implement written policies and procedures that outline processes for:

(1) maintaining a list of each staff member providing OCR services, including the staff members':

(A) position and credentials;

(B) reporting structure; and

(C) responsibilities;

(2) maintaining staff member training records;

(3) describing an individual's eligibility and ineligibility criteria for OCR services;

(4) screening an individual's appropriateness for OCR services;

(5) admitting an individual within the OCR program provider's catchment area;

(6) developing a treatment plan and discharge plan;

(7) delivering all required components of competency restoration services;

(8) admitting an individual:

(A) who is referred by another LMHA, LBHA, or LIDDA that is outside of the OCR program's catchment area but is within close physical proximity to the OCR program;

(B) who is without an OCR program in the individual's service area; and

(C) where OCR services are potentially appropriate;

(9) documenting the types of services provided in the OCR program other than competency restoration services in accordance with § 307.161 of this subchapter (relating to General Service Requirements);

(10) regularly monitoring, evaluating, and documenting the individual's progress towards attainment of competency to stand trial and likeliness to restore to competency in the foreseeable future in accordance with § 307.163 of this subchapter (relating to Assessment, Reassessment, Court Reporting, and Extension);

(11) notifying the court:

(A) that the initial restoration period will expire and when it will expire;

(B) if the individual has attained competency to stand trial or is not likely to attain competency in the foreseeable future;

(C) of a request for an extension of continued restoration services as specified in the Texas Code of Criminal Procedure, Articles 46B.079(d) and 46B.080; and

(D) the individual's readiness to return to court;

(12) complying with reporting procedures specified in Texas Code of Criminal Procedure, Article 46B.079;

(13) preparing for an individual's planned or unplanned discharge from the OCR program and ensuring continuity of care in accordance with § 307.165 of this subchapter (relating to Discharge Requirements), as appropriate; and

(14) educating an individual about the individual's rights and participation in the OCR program.

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