Section 306.177 - Admission Criteria Under Order of Protective Custody or Court-ordered Inpatient Mental Health Services(a) An SMHF or facility with a CPB admits an individual: (1) under a protective custody order only if a court has issued a protective custody order in accordance with Texas Health and Safety Code § 574.022; or(2) for court-ordered inpatient mental health services only if a court has issued: (A) an order for temporary inpatient mental health services issued in accordance with Texas Health and Safety Code § 574.034, or Texas Family Code Chapter 55;(B) an order for extended inpatient mental health services issued in accordance with Texas Health and Safety Code § 574.035, or Texas Family Code Chapter 55;(C) an order for commitment issued in accordance with the Texas Code of Criminal Procedure, Chapter 46B; or(D) an order for commitment issued in accordance with the Texas Code of Criminal Procedure, Chapter 46C.(b) If an SMHF or facility with a CPB admits an individual in accordance with subsection (a) of this section, a physician, PA, or APRN issues and signs a written order admitting the individual. Admission of an individual in accordance with subsection (a) of this section is not a medical act and does not require the use of independent medical judgment or treatment by the physician, PA, or APRN issuing and signing the written order.(c) An SMHF or a facility with a CPB conducts an intake assessment as soon as possible, but not later than 24 hours after the individual is admitted under a protective custody order or court-ordered inpatient mental health services. The intake assessment includes: (1) obtaining relevant information about the individual, including:(A) psychiatric and medical history;(F) third-party coverage or insurance benefits; and(G) advance directives; and(2) explaining, orally and in writing, the individual's rights described in 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services);(3) explaining, orally and in writing, the SMHF's or facility with a CPB's services and treatment as they relate to the individual; and(4) explaining, orally and in writing, the existence, purpose, telephone number, and address of the protection and advocacy system established in Texas, pursuant to Texas Health and Safety Code § 576.008.26 Tex. Admin. Code § 306.177
Adopted by Texas Register, Volume 45, Number 20, May 15, 2020, TexReg 3310, eff. 5/20/2020