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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 2LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER DMENTAL HEALTH SERVICES--ADMISSION, CONTINUITY, AND DISCHARGE
RULE §2.152Special Considerations

  (1) Pre-admission assessment after release from county or city jail. If a county or city jail refers a special needs offender (SNO) in the priority population to an LMHA and notifies the LMHA of the referral at least 24 hours prior to the SNO's release from a county or city jail, then the LMHA shall arrange for a face-to-face contact between the SNO and a QMHP-CS to occur within seven days after the SNO's release.

    (A) If the SNO is currently receiving LMHA services from the LMHA that is notified of the referral, then at the face-to-face contact the QMHP-CS shall re-assess the SNO and arrange for appropriate services.

    (B) If the SNO is not currently receiving LMHA services from the LMHA that is notified of the referral, then at the face-to-face contact the QMHP-CS shall conduct a pre-admission assessment in accordance with §412.315(a) of this title (relating to Assessment and Treatment Planning) and comply with §412.161(b)(2)(A) or (B) of this title (relating to Screening and Assessment), as appropriate).

    (C) If the LMHA does not have a face-to-face contact with a SNO, then the LMHA shall document the reasons for not doing so.

  (2) Pre-admission assessment after release from state prison or state jail. If an LMHA is notified of the anticipated release from prison or a state jail of a SNO in the priority population who is currently taking psychoactive medication(s) for a mental illness and who will be released with a 10-day supply of the psychoactive medication(s), then the LMHA shall arrange for a face-to-face contact between the SNO and QMHP-CS to occur within seven days after the SNO's release.

    (A) At the face-to-face contact, the QMHP-CS shall conduct a pre-admission assessment in accordance with §412.315(a) of this title and comply with §412.161(b)(2)(A) or (B) of this title (as appropriate). If the LMHA determines that the SNO should receive services immediately, then the LMHA must arrange for the SNO to meet with a prescriber of medication before the SNO's entire supply of psychoactive medication has been administered.

    (B) If the LMHA does not have a face-to-face contact with the SNO, then the LMHA shall document the reasons for not doing so.


Source Note: The provisions of this §2.152 adopted to be effective November 1, 2003, 28 TexReg 9251; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841

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