Current through Reg. 49, No. 38; September 20, 2024
(a) Discharge from emergency detention.
(1) Except as provided by § 568.26 of
this chapter (relating to Voluntary Treatment Following Involuntary Admission),
and in accordance with Texas Health and Safety Code §
573.023(b)
and §
573.021(b),
a hospital shall immediately discharge a patient under emergency detention if
either of the following occurs:
(A) the
administrator or the administrator's designee determines, based on a
physician's determination, that the patient no longer meets the criteria
described in § 568.23(c)(1) of this chapter (relating to Emergency
Detention); or
(B) except as
provided in paragraphs (2) and (3) of this subsection, 48 hours elapse from the
time the patient was presented to the hospital and the hospital has not
obtained a court order for further detention of the patient.
(2) In accordance with Texas
Health and Safety Code §
573.021(b),
if the 48-hour period described in paragraph (1)(B) of this subsection ends on
a Saturday, Sunday, or legal holiday, or before 4:00 p.m. on the next business
day after the patient was presented to the hospital, the patient may be
detained until 4:00 p.m. on such business day.
(b) Discharge under Order of Protective
Custody. Except as provided by § 568.26 of this chapter and in accordance
with Texas Health and Safety Code §
574.028, a
hospital shall immediately discharge a patient under an Order of Protective
Custody if any of the following occurs:
(1)
the administrator or the administrator's designee determines that, based on a
physician's determination, the patient no longer meets the criteria described
in Texas Health and Safety Code §
574.022(a);
(2) the administrator or the administrator's
designee does not receive notice that the patient's continued detention is
authorized after a probable cause hearing held within the time prescribed by
Texas Health and Safety Code §
574.025(b);
(3) a final order for court-ordered inpatient
mental health services has not been entered within the time prescribed by Texas
Health and Safety Code §
574.005;
or
(4) an order to release the
patient is issued in accordance with Texas Health and Safety Code §
574.028(a).
(c) Discharge under court-ordered
inpatient mental health services.
(1) Except
as provided by § 568.26 of this chapter, and in accordance with Texas
Health and Safety Code §
574.085
and §
574.086(a),
a hospital shall immediately discharge a patient under a temporary or extended
order for inpatient mental health services if either of the following occurs:
(A) the order for inpatient mental health
services expires; or
(B) the
administrator or the administrator's designee determines that, based on a
physician's determination, the patient no longer meets the criteria for
court-ordered inpatient mental health services.
(2) In accordance with Texas Health and
Safety Code §
574.086(b),
before discharging a patient in accordance with paragraph (1) of this
subsection, the administrator or administrator's designee shall consider
whether the patient should receive court-ordered outpatient mental health
services in accordance with a modified order described in Texas Health and
Safety Code §
574.061.
(d) Discharge under Texas Code of
Criminal Procedure order for commitment. A patient admitted under an order for
commitment issued in accordance with the Texas Code of Criminal Procedure
Chapter 46B or 46C may only be discharged in accordance with the applicable
provisions in Chapter 46B or 46C.
(e) Discharge under Texas Family Code order
for placement. A patient admitted under an order for placement issued in
accordance with Texas Family Code Chapter 55 shall be discharged in accordance
with the Texas Family Code Chapter 55.
(f) Discharge planning shall involve the
interdisciplinary treatment team, which includes the patient and LAR, as well
as the LMHA or LBHA if the patient is in a psychiatric inpatient bed funded
under a contract with HHSC or operated by or funded under a contract with a
LMHA or LBHA.
