(a) An individual committed to a state MR facility
for residential services may be transferred to a state MH facility
for mental health care if a licensed physician of the state MR facility
determines after an examination that care, treatment, control and
rehabilitation in a state MH facility is in the best interest of the
individual.
(b) The individual will be returned to the state MR
facility within 30 calendar days unless a court order transferring
the individual is obtained by the state MH facility as described in
subsection (c) of this section.
(c) If the state MH facility determines that hospitalization
of the individual is necessary for longer than 30 calendar days, the
state MH facility will request from the committing court an order
transferring the individual to the state MH facility. In support of
the request, the state MH facility will submit two certificates of
medical examination for mental illness to the court, as described
in THSC, §574.011, stating that the individual:
(1) is a person with mental illness; and
(2) requires observation or treatment in the state
MH facility.
(d) If the state MH facility determines that an individual
who has been transferred to a state MH facility under a court order
no longer requires hospitalization, the state MH facility will request
that the committing court approve the return of the individual to
the state MR facility, in accordance with THSC, §594.045.
(e) An individual admitted to a state MR facility under
a regular voluntary admission for residential services may be transferred
to a state MH facility only if the individual consents to the transfer.
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Source Note: The provisions of this §904.77 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397 |