| (a) A request for voluntary admission:
(1) may be made only by a person authorized to do so
under Texas Health and Safety Code §572.001;
(2) must be in writing and signed by the individual
making the request; and
(3) must include a statement that the individual making
the request:
(A) certifies that the individual is legally authorized
to act on the prospective patient's behalf;
(B) has provided the facility with documentation demonstrating
that the individual is legally authorized to act on the prospective
patient's behalf;
(C) agrees that the prospective patient will remain
in the hospital until discharged; and
(D) consents to diagnosis, observation, care and treatment
of the prospective patient until the earlier of:
(i) the discharge of the prospective patient; or
(ii) the prospective patient is entitled to leave the
hospital, in accordance with Texas Health and Safety Code §572.004,
after a request for discharge is made.
(b) The consent given under subsection (a)(3)(D) of
this section does not waive any rights a patient has under any statute
or rule.
(c) Capacity to consent. If a prospective patient does
not have the capacity to consent to diagnosis, observation, care and
treatment, as determined by a physician, then the hospital may not
admit the prospective patient on a voluntary basis. When appropriate,
the hospital may initiate an emergency detention proceeding in accordance
with Texas Health and Safety Code Chapter 573 or file an application
for court-ordered inpatient mental health services in accordance with
Texas Health and Safety Code Chapter 574.
(d) An individual who voluntarily presents to the hospital
may leave the hospital at any time during the pre-admission screening
and assessment process prior to their admission.
(e) Pre-admission screening.
(1) Before voluntary admission of a prospective patient,
pre-admission screening personnel (PASP) shall conduct a pre-admission
screening of the prospective patient.
(2) If the PASP determines that the prospective patient
does not need an admission examination, the hospital may not admit
the prospective patient and shall refer the prospective patient to
alternative services. If the PASP determines the prospective patient
needs an admission examination, a physician shall conduct an admission
examination of the prospective patient.
(3) If the pre-admission screening is conducted by
a physician, the physician may conduct the pre-admission screening
as part of the admission examination referenced in subsection (f)(2)(A)
of this section.
(f) Requirements for voluntary admission. A hospital
may voluntarily admit a prospective patient only if:
(1) a request for admission is made in accordance with
subsection (a) of this section;
(2) a physician has, in accordance with Texas Health
and Safety Code §572.0025:
(A) conducted, or consulted with a physician who has
conducted, either in person or through telemedicine medical services,
an admission examination in accordance with subsection (h) of this
section within 72 hours before or 24 hours after admission; and
(B) issued an order admitting the prospective patient;
(3) the prospective patient meets the hospital's admission
criteria;
(4) the prospective patient is a person:
(A) with mental illness or who demonstrates symptoms
of a serious emotional disorder; and
(B) who presents a risk of serious harm to self or
others if not immediately restrained or hospitalized; and
(5) in accordance with Texas Health and Safety Code §572.0025(f)(2),
the administrator or administrator's designee has signed a written
statement agreeing to admit the prospective patient.
(g) Intake. In accordance with Texas Health and Safety
Code §572.0025(b), a hospital shall, before voluntary admission
of a prospective patient, conduct an intake process, that includes:
(1) obtaining relevant information about the prospective
patient, including information about finances, insurance benefits
and advance directives; and
(2) explaining, orally and in writing, the prospective
patient's rights described in 25 TAC Chapter 404, Subchapter E (concerning
Rights of Persons Receiving Mental Health Services), including:
(A) the hospital's services and treatment as they relate
to the prospective patient; and
(B) explaining, orally and in writing, the existence,
purpose, telephone number, and address of the protection and advocacy
system of the state of Texas, pursuant to Texas Health and Safety
Code §576.008.
(h) Admission examination.
(1) The admission examination referenced in subsection
(d)(2)(A) of this section shall be conducted by a physician in accordance
with Texas Health and Safety Code Chapter 572 and include a physical
and psychiatric examination conducted in the physical presence of
the patient or by using audiovisual telecommunications.
(2) The physical examination may consist of an assessment
for medical stability.
(3) The physician may not delegate conducting the admission
examination to a non-physician.
(i) Documentation of admission order. In accordance
with Texas Health and Safety Code §572.0025(f)(1), the order
described in subsection (f)(2)(B) of this section shall:
(1) be issued in writing and signed by the issuing
physician; or
(2) be issued orally or electronically if, within 24
hours after its issuance, the hospital has a written order signed
by the issuing physician.
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