Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 568 - STANDARDS OF CARE AND TREATMENT IN PSYCHIATRIC HOSPITALS
Subchapter B - ADMISSION
Section 568.24 - Admission of an Individual under an Order of Protective Custody, for Court-Ordered Inpatient Mental Health Services, or Under Order for Commitment or Order for Placement
Universal Citation: 26 TX Admin Code ยง 568.24
Current through Reg. 49, No. 38; September 20, 2024
(a) Requirements for admission under court order. A hospital may admit an individual:
(1) under an order of protective custody only
if a court has issued an order in accordance with Texas Health and Safety Code
§
574.022;
(2) for court-ordered inpatient mental health
services only if a court has issued:
(A) an
order for temporary inpatient mental health services in accordance with Texas
Health and Safety Code §
574.034;
or
(B) an order for extended
inpatient mental health services in accordance with Texas Health and Safety
Code §
574.035;
(3) under an order for commitment
issued in accordance with the Texas Code of Criminal Procedure Chapters 46B or
46C; or
(4) under an order for
placement issued in accordance with Texas Family Code Chapter 55.
(b) Intake. A hospital shall conduct an intake process as soon as possible, but not later than 24 hours after the time a patient is admitted under one of the orders described in subsection (a) of this section.
(1) The
intake process shall include:
(A) obtaining,
as much as possible, relevant information about the patient, including
information about finances, insurance benefits and advance directives;
and
(B) explaining to the patient
and their LAR, when applicable, orally and in writing, the patient's rights
described in 25 TAC Chapter 404, Subchapter E (concerning Rights of Persons
Receiving Mental Health Services), including:
(i) the hospital's services and treatment as
they relate to the patient; and
(ii) the existence, purpose, telephone
number, and address of the protection and advocacy system of the state of
Texas, as required by Texas Health and Safety Code §
576.008.
(2) The hospital shall
determine whether the patient comprehends the information provided in
accordance with paragraph (1)(B) of this subsection. If the hospital determines
that the patient comprehends the information, the hospital shall document in
the patient's medical record the reasons for such determination. If the
hospital determines that the patient does not comprehend the information, the
hospital shall:
(A) repeat the explanation to
the patient at reasonable intervals until the patient demonstrates
comprehension of the information or is discharged, whichever occurs first;
and
(B) document in the patient's
medical record the patient's response to each explanation and whether the
patient demonstrated comprehension of the information.
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