|(a) Discharge from emergency detention.
(1) Except as provided by §306.59 of this subchapter
(relating to Voluntary Treatment Following Involuntary Admission)
and in accordance with Texas Health and Safety Code §573.021
and §573.023, an involuntarily-admitted individual under emergency
detention must be immediately discharged from a CSU if:
(A) the administrator or the administrator's designee
determines, based on a physician's determination, that the individual
no longer meets the criteria described in subsection (b)(1) of this
(B) except as provided in subsection (b) of this section,
48 hours have lapsed from the time the individual was presented to
the CSU and the CSU has not obtained a court order for the individual's
(2) In accordance with Texas Health and Safety Code §573.021(b),
if the 48-hour period described in paragraph (1)(B) of this subsection
ends on a Saturday, Sunday, or legal holiday, or before 4:00 p.m.
on the next business day after the patient was presented to the CSU,
the involuntarily-admitted individual may be detained until 4:00 p.m.
on such business day.
(3) In accordance with Texas Health and Safety Code §573.021(b),
the 48-hour custody period described in paragraph (1)(B) of this subsection
includes any time during which the individual in custody spends waiting
in the CSU for medical care before receiving a preliminary examination.
(b) Discharge under protective custody order. Unless
an involuntarily-admitted individual consents to voluntary treatment,
a CSU physician must immediately discharge the individual under an
order of protective custody if:
(1) the CSU administrator or designee determines that,
based on a physician's determination, the individual no longer meets
the criteria for protective custody described in Texas Health and
Safety Code §574.022;
(2) the CSU administrator or designee does not receive
notice that the individual's continued detention is authorized after
a probable cause hearing held within the time frame prescribed by
Texas Health and Safety Code §574.025;
(3) a final order for court-ordered inpatient mental
health services has not been entered within the time frame prescribed
by Texas Health and Safety Code §574.005; or
(4) an order to release the individual is issued in
accordance with Texas Health and Safety Code §574.028.