(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;
(B) social history;
(C) symptomology;
(D) support systems;
(E) finances;
(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.
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