| (a) Requirements for admission under court order. A
hospital may admit an individual:
(1) under an order of protective custody only if a
court has issued an order in accordance with Texas Health and Safety
Code §574.022;
(2) for court-ordered inpatient mental health services
only if a court has issued:
(A) an order for temporary inpatient mental health
services in accordance with Texas Health and Safety Code §574.034;
or
(B) an order for extended inpatient mental health services
in accordance with Texas Health and Safety Code §574.035;
(3) under an order for commitment issued in accordance
with the Texas Code of Criminal Procedure Chapters 46B or 46C; or
(4) under an order for placement issued in accordance
with Texas Family Code Chapter 55.
(b) Intake. A hospital shall conduct an intake process
as soon as possible, but not later than 24 hours after the time a
patient is admitted under one of the orders described in subsection
(a) of this section.
(1) The intake process shall include:
(A) obtaining, as much as possible, relevant information
about the patient, including information about finances, insurance
benefits and advance directives; and
(B) explaining to the patient and their LAR, when applicable,
orally and in writing, the patient's rights described in 25 TAC Chapter
404, Subchapter E (concerning Rights of Persons Receiving Mental Health
Services), including:
(i) the hospital's services and treatment as they relate
to the patient; and
(ii) the existence, purpose, telephone number, and
address of the protection and advocacy system of the state of Texas,
as required by Texas Health and Safety Code §576.008.
(2) The hospital shall determine whether the patient
comprehends the information provided in accordance with paragraph
(1)(B) of this subsection. If the hospital determines that the patient
comprehends the information, the hospital shall document in the patient's
medical record the reasons for such determination. If the hospital
determines that the patient does not comprehend the information, the
hospital shall:
(A) repeat the explanation to the patient at reasonable
intervals until the patient demonstrates comprehension of the information
or is discharged, whichever occurs first; and
(B) document in the patient's medical record the patient's
response to each explanation and whether the patient demonstrated
comprehension of the information.
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