(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.
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