(a) In accordance with Texas Health and Safety Code §574.082,
an SMHF administrator, administrator of a facility with a CPB, or
designee may, in coordination with the designated LMHA or LBHA, authorize
absences for an individual involuntarily admitted under court order
for inpatient mental health services.
(1) If an individual's authorized absence is to exceed
72 hours, the SMHF or facility with a CPB notifies the committing
court of the absence.
(2) The SMHF or facility with a CPB may not authorize
an absence that exceeds the expiration date of the individual's order
for inpatient mental health services.
(b) In accordance with Texas Health and Safety Code §574.083,
an SMHF or facility with a CPB detains or readmits an individual if
the SMHF administrator, administrator of the facility with a CPB,
or the administrator's designee issues a certificate or affidavit
establishing that the individual is receiving court-ordered inpatient
mental health services and:
(1) the individual is absent without authority from
the SMHF or facility with a CPB;
(2) the individual has violated the conditions of the
absence; or
(3) the individual's condition has deteriorated to
the extent that the individual's continued absence from the SMHF or
facility with a CPB is inappropriate and there is a question of competency
or willingness to consent to return, then the designated LMHA or SMHF
must initiate involuntary admission in accordance with Texas Health
and Safety Code, Chapter 573 or 574.
(c) In accordance with Texas Health and Safety Code §574.084,
an individual's authorized absence that exceeds 72 hours may be revoked
only after an administrative hearing held in accordance with this
subsection.
(1) The SMHF or facility with a CPB conducts a hearing
by a hearing officer who is a mental health professional not directly
involved in treating the individual.
(2) The SMHF or facility with a CPB:
(A) holds an informal hearing within 72 hours after
the individual returns to the facility;
(B) provides the individual and facility staff members
an opportunity to present information supporting their position; and
(C) provides the individual the option to select another
person or staff member to serve as the individual's advocate.
(3) Within 24 hours after the conclusion of the hearing,
the hearing officer:
(A) determines if the individual violated the conditions
of the authorized absence, the authorized absence was justified, or
the individual's condition deteriorated to the extent the individual's
continued absence was inappropriate; and
(B) renders the final decision in writing, including
the basis for the hearing officer's decision.
(4) If the hearing officer's decision does not revoke
the authorized absence, the individual may leave the SMHF or facility
with a CPB pursuant to the conditions of the absence.
(5) The SMHF or facility with a CPB ensures the individual's
record includes a copy of the hearing officer's report.
(d) Except in medical emergencies, only the committing
criminal court may grant absences from a SMHF or facility with a CPB
for individuals committed under Texas Code of Criminal Procedure,
Chapter 46B or 46C.
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