(a) Acceptance for preliminary examination. In accordance
with Texas Health and Safety Code §573.021 and §573.022,
an SMHF or facility with a CPB accepts for a preliminary examination:
(1) an individual, of any age, who has been apprehended
and transported to the SMHF or facility with a CPB by a peace officer
or emergency medical services personnel in accordance with Texas Health
and Safety Code §573.001 or §573.012; or
(2) an adult who has been transported to the SMHF or
facility with a CPB by the adult's guardian in accordance with Texas
Health and Safety Code §573.003.
(b) Preliminary examination.
(1) A physician conducts a preliminary examination
of an individual as soon as possible but not more than 12 hours after
the individual is transported to the SMHF or facility with a CPB for
emergency detention.
(2) The preliminary examination consists of:
(A) an assessment for medical stability; and
(B) a psychiatric examination, including a substance
use assessment if indicated, to determine if the individual meets
the criteria described in subsection (c)(1) of this section.
(c) Requirements for emergency detention. The SMHF
or facility with a CPB admits an individual for emergency detention
if:
(1) in accordance with Texas Health and Safety Code §573.022(a)(2),
a physician determines from the preliminary examination that:
(A) the individual has a mental illness;
(B) the individual evidences a substantial risk of
serious harm to himself or others;
(C) the described risk of harm is imminent unless the
individual is immediately detained; and
(D) emergency detention is the least restrictive means
by which the necessary detention may be accomplished;
(2) in accordance with Texas Health and Safety Code §573.022(a)(3),
a physician makes a written statement documenting the determination
described in paragraph (1) of this subsection and describing:
(A) the nature of the individual's mental illness;
(B) the risk of harm the individual evidences, demonstrated
either by the individual's behavior or by evidence of severe emotional
distress and deterioration in the individual's mental condition to
the extent that the individual cannot remain at liberty; and
(C) the detailed information on which the physician
based the determination;
(3) the physician issues and signs a written order
admitting the individual for emergency detention; and
(4) the individual meets the admission criteria of
the SMHF or facility with a CPB.
(d) Release.
(1) The SMHF or facility with a CPB releases the individual
accepted for a preliminary examination if:
(A) a preliminary examination of the individual has
not been conducted within 12 hours after the individual is apprehended
and transported to the facility by the peace officer or transported
for emergency detention; or
(B) in accordance with Texas Health and Safety Code §573.023(a),
the individual is not admitted for emergency detention on completion
of the preliminary examination.
(2) If the SMHF or facility with a CPB does not admit
the individual on an emergency detention, the facility contacts the
designated LMHA or LBHA to coordinate alternate outpatient community
services. The designated LMHA or LBHA must contact the individual
within 24 hours of being notified that the individual does not meet
inpatient admission criteria to coordinate alternate outpatient community
services.
(3) In accordance with Texas Health and Safety Code §576.007(a),
if an individual who is an adult is not admitted on emergency detention,
the SMHF or facility with a CPB makes a reasonable effort to notify
the individual's family, or any other person providing support as
authorized by the individual, and LAR, if any, before he or she is
released.
(e) Intake assessment. An assessment professional for
an SMHF or facility with a CPB conducts an intake assessment as soon
as possible, but not later than 24 hours after an individual is admitted
for emergency detention. 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;
(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;
(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;
and
(5) explaining, orally and in writing, the individual
trust fund account, charges for services, and the financial responsibility
form.
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