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(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.26 Tex. Admin. Code § 568.24
Adopted by Texas Register, Volume 46, Number 21, May 21, 2021, TexReg 3283, eff. 5/27/2021