Current through Reg. 49, No. 38; September 20, 2024
(a) A request
for voluntary admission:
(1) may be made only
by a person authorized to do so under Texas Health and Safety Code §
572.001;
(2) must be in writing and signed by the
individual making the request; and
(3) must include a statement that the
individual making the request:
(A) certifies
that the individual is legally authorized to act on the prospective patient's
behalf;
(B) has provided the
facility with documentation demonstrating that the individual is legally
authorized to act on the prospective patient's behalf;
(C) agrees that the prospective patient will
remain in the hospital until discharged; and
(D) consents to diagnosis, observation, care
and treatment of the prospective patient until the earlier of:
(i) the discharge of the prospective patient;
or
(ii) the prospective patient is
entitled to leave the hospital, in accordance with Texas Health and Safety Code
§
572.004, after a
request for discharge is made.
(b) The consent given under subsection
(a)(3)(D) of this section does not waive any rights a patient has under any
statute or rule.
(c) Capacity to
consent. If a prospective patient does not have the capacity to consent to
diagnosis, observation, care and treatment, as determined by a physician, then
the hospital may not admit the prospective patient on a voluntary basis. When
appropriate, the hospital may initiate an emergency detention proceeding in
accordance with Texas Health and Safety Code Chapter 573 or file an application
for court-ordered inpatient mental health services in accordance with Texas
Health and Safety Code Chapter 574.
(d) An individual who voluntarily presents to
the hospital may leave the hospital at any time during the pre-admission
screening and assessment process prior to their admission.
(e) Pre-admission screening.
(1) Before voluntary admission of a
prospective patient, pre-admission screening personnel (PASP) shall conduct a
pre-admission screening of the prospective patient.
(2) If the PASP determines that the
prospective patient does not need an admission examination, the hospital may
not admit the prospective patient and shall refer the prospective patient to
alternative services. If the PASP determines the prospective patient needs an
admission examination, a physician shall conduct an admission examination of
the prospective patient.
(3) If the
pre-admission screening is conducted by a physician, the physician may conduct
the pre-admission screening as part of the admission examination referenced in
subsection (f)(2)(A) of this section.
(f) Requirements for voluntary admission. A
hospital may voluntarily admit a prospective patient only if:
(1) a request for admission is made in
accordance with subsection (a) of this section;
(2) a physician has, in accordance with Texas
Health and Safety Code §
572.0025:
(A) conducted, or consulted with a physician
who has conducted, either in person or through telemedicine medical services,
an admission examination in accordance with subsection (h) of this section
within 72 hours before or 24 hours after admission; and
(B) issued an order admitting the prospective
patient;
(3) the
prospective patient meets the hospital's admission criteria;
(4) the prospective patient is a person:
(A) with mental illness or who demonstrates
symptoms of a serious emotional disorder; and
(B) who presents a risk of serious harm to
self or others if not immediately restrained or hospitalized; and
(5) in accordance with Texas
Health and Safety Code §
572.0025(f)(2),
the administrator or administrator's designee has signed a written statement
agreeing to admit the prospective patient.
(g) Intake. In accordance with Texas Health
and Safety Code §
572.0025(b),
a hospital shall, before voluntary admission of a prospective patient, conduct
an intake process, that includes:
(1)
obtaining relevant information about the prospective patient, including
information about finances, insurance benefits and advance directives;
and
(2) explaining, orally and in
writing, the prospective patient's rights described in 25 TAC Chapter 404,
Subchapter E (concerning Rights of Persons Receiving Mental Health Services),
including:
(A) the hospital's services and
treatment as they relate to the prospective patient; and
(B) explaining, orally and in writing, the
existence, purpose, telephone number, and address of the protection and
advocacy system of the state of Texas, pursuant to Texas Health and Safety Code
§
576.008.
(h) Admission
examination.
(1) The admission examination
referenced in subsection (d)(2)(A) of this section shall be conducted by a
physician in accordance with Texas Health and Safety Code Chapter 572 and
include a physical and psychiatric examination conducted in the physical
presence of the patient or by using audiovisual telecommunications.
(2) The physical examination may consist of
an assessment for medical stability.
(3) The physician may not delegate conducting
the admission examination to a non-physician.
(i) Documentation of admission order. In
accordance with Texas Health and Safety Code §
572.0025(f)(1),
the order described in subsection (f)(2)(B) of this section shall:
(1) be issued in writing and signed by the
issuing physician; or
(2) be issued
orally or electronically if, within 24 hours after its issuance, the hospital
has a written order signed by the issuing physician.
