<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 307BEHAVIORAL HEALTH PROGRAMS
SUBCHAPTER DOUTPATIENT COMPETENCY RESTORATION
RULE §307.159Recommendation Regarding Outpatient Competency Restoration Program Admission

(a) If a court determines an individual is IST, the OCR provider must assess the individual to determine if OCR services are appropriate by ensuring the following assessments are conducted:

  (1) a clinical assessment, including substance use history; and

  (2) a risk of violence assessment.

(b) If an OCR provider determines that OCR services are appropriate for an individual, the provider must:

  (1) inform the court, in writing, that the individual is being recommended for admission into the OCR program; and

  (2) develop and submit a comprehensive treatment plan to the court in accordance with Texas Code of Criminal Procedure, Article 46B.077(a)(1) listing services the individual will be provided, including:

    (A) competency restoration education;

    (B) access to housing resources;

    (C) access to transportation resources; and

    (D) a regimen of medical, psychiatric, or psychological care or treatment; and

  (3) identify the persons responsible for providing treatment to the individual.

(c) If an OCR provider determines that OCR services are inappropriate for an individual, the provider must:

  (1) inform the court, in writing, of the individual's ineligibility for admission into the OCR program; and

  (2) document reasons for ineligibility in the individual's record.


Source Note: The provisions of this §307.159 adopted to be effective February 9, 2021, 46 TexReg 918

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page