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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 383INTERSTATE COMPACT ON MENTAL HEALTH AND MENTAL RETARDATION
RULE §383.113Requests for Persons with Mental Retardation To Be Transferred from Texas

(a) A letter of request for interstate transfer of a person with mental retardation from a TDMHMR facility, which may be initiated by the person, a family member of the person, or the person's LAR, must be sent to the Texas ICC at TDMHMR, P.O. Box 12668, Austin, Texas 78711-2668.

(b) The Texas ICC will forward a copy of the letter of request to the TDMHMR facility. Upon receipt of the letter, the facility will discuss the proposed transfer with the person and the person's LAR and, if appropriate, the person's family, friends, or other available sources to ascertain whether the transfer is in the person's best interest. The preferences for transfer of an adult person who has not been adjudicated incompetent prevail.

(c) The TDMHMR facility is responsible for notifying the Texas ICC in writing if the facility determines that:

  (1) the person's LAR does not support the transfer;

  (2) the transfer of a person who does not have an LAR is not in the person's best interest; or

  (3) the adult person who has not been adjudicated incompetent does not desire the transfer.

(d) If the Texas ICC is notified in accordance with subsection (c) of this section, then the Texas ICC will not proceed with the transfer. The Texas ICC will provide written notification to the person who requested the transfer of the reason for not proceeding with the transfer.

(e) The TDMHMR facility is responsible for obtaining informed consent to the transfer and completing the "Consent to Interstate Transfer and To Release Confidential Information" form and the "Request for Interstate Transfer" form, which are referenced as Exhibits A and B, respectively, in §411.361 of this title (relating to Exhibits), if the facility determines:

  (1) the person's LAR supports the transfer;

  (2) the transfer of a person who does not have an LAR is in the person's best interest; or

  (3) the adult person who has not been adjudicated incompetent desires the transfer.

(f) If the TDMHMR facility completed the "Consent to Interstate Transfer and To Release Confidential Information" form and the "Request for Interstate Transfer" form as described in subsection (e) of this section, then the facility will forward the following packet of information to the Texas ICC:

  (1) documentation that the prerequisite for transfer to the receiving state has been met, in accordance with §411.354(a) of this title (relating to Prerequisite for Transfer);

  (2) documentation of staff's discussion(s) as described in subsection (b) of this section;

  (3) the completed "Consent to Interstate Transfer and To Release Confidential Information" form;

  (4) the completed "Request for Interstate Transfer" form;

  (5) a copy of the person's diagnosis of mental retardation;

  (6) a copy of the person's comprehensive medical history, including any medical evaluations, current physician's orders, and list of current medications;

  (7) a summary of the person's social history, including a copy of any psychological evaluations;

  (8) copies of the person's current individual habilitation plan and annual planning conference documents;

  (9) a copy of the original order of commitment and documentation that the committing court has been notified of the proposed transfer, if applicable;

  (10) guardianship or other legal documentation pertaining to the individual requesting transfer, if applicable; and

  (11) a brief cover letter signed by the TDMHMR facility chief executive officer or designee stating the circumstances or reasons for requesting the transfer.

(g) Upon receipt of the information packet described in subsection (f) of this section, the Texas ICC will contact the receiving state's ICC and make a reasonable effort to obtain authorization for the transfer.

(h) While the request for transfer is pending, the TDMHMR facility is responsible for informing the Texas ICC of any changes in the person's status, the request, or anything that would affect the transfer request.

(i) If the receiving state decides to accept the person for immediate transfer, then the TDMHMR facility will:

  (1) make all travel arrangements, including:

    (A) choosing the most comfortable and expeditious mode of travel that is acceptable to the person or the person's LAR; and

    (B) coordinating with the institution in the receiving state regarding assistance with travel inside the receiving state;

  (2) be responsible for all transfer expenses;

  (3) ensure that arrangements are made for an escort or escorts to accompany and assist the person in reaching the final destination;

  (4) ensure that the following items accompany the person upon transfer to the receiving state:

    (A) a copy of the person's birth certificate or appropriate substitute;

    (B) all legal documents;

    (C) the person's Social Security card;

    (D) a copy of the person's immunization record;

    (E) a copy of the person's weight and height record;

    (F) a copy of the person's seizure record, if appropriate;

    (G) a copy of the person's treatment and diet record;

    (H) the person's Medicaid, Medicare, or third-party insurance card(s), if available;

    (I) a copy of the person's current nursing care plan;

    (J) a summary of the person's medical history, including all major surgeries, and significant acute illnesses and injuries requiring hospitalization or long recovery period;

    (K) a summary of the person's medication history, including start/stop dates and dose ranges, effectiveness of all long-term medications, and antibiotic use including dates, effectiveness, sensitivities, and allergies;

    (L) a summary of the person's dental history, including all oral surgeries, extractions, restorations, appliances, and types of anesthesia required for dental work;

    (M) copies of all the person's laboratory reports of exams conducted within the past 30 days and any additional significant reports made within the past year (including, X-ray, EEG, and EKG);

    (N) all of the person's personal belongings at the facility;

    (O) the transfer program summary; and

    (P) the previously agreed-upon supply of all prescribed medication, not to exceed a 14-day supply; and

  (5) inform the Texas ICC of the completed transfer in writing within 14 days after the transfer is complete.

(j) The Texas ICC will ensure that all authorized parties are informed of the progress made on the transfer request as allowed by the signed "Consent to Interstate Transfer and To Release Confidential Information" form.


Source Note: The provisions of this §383.113 adopted to be effective November 1, 2001, 26 TexReg 8513; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013

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