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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER DMENTAL HEALTH SERVICES--ADMISSION, CONTINUITY, AND DISCHARGE
DIVISION 1GENERAL PROVISIONS
RULE §306.153Definitions

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

  (1) Absence--When an individual, previously admitted to an SMHF and not discharged from the SMHF, is physically away from the SMHF for any reason, including hospitalization, home visit, special activity, unauthorized departure, or absence for trial placement.

  (2) Admission--

    (A) An individual's acceptance to an SMHF's custody or a facility with a CPB for inpatient services, based on:

      (i) a physician's order issued in accordance with §306.175(h)(2)(C) of this subchapter (relating to Voluntary Admission Criteria for a Facility with a Contracted Psychiatric Bed Authorized by an LMHA or LBHA or for a State Mental Health Facility);

      (ii) a physician's order issued in accordance with §306.176(c)(3) of this subchapter (relating to Admission Criteria for a Facility with a Contracted Psychiatric Bed Authorized by an LMHA or LBHA or for a State Mental Health Facility for Emergency Detention);

      (iii) a court's order of protective custody issued in accordance with Texas Health and Safety Code §574.022;

      (iv) a court's order for temporary inpatient mental health services issued in accordance with Texas Health and Safety Code §574.034, or Texas Family Code Chapter 55;

      (v) a court's order for extended inpatient mental health services issued in accordance with Texas Health and Safety Code §574.035, or Texas Family Code Chapter 55; or

      (vi) a court's order for commitment issued in accordance with the Texas Code of Criminal Procedure, Chapter 46B or Chapter 46C.

    (B) The acceptance of an individual in the mental health priority population into LMHA or LBHA services.

  (3) Adolescent--An individual at least 13 years of age, but younger than 18 years of age.

  (4) Adult--An individual at least 18 years of age or older.

  (5) Advance directive--As used in this subchapter, includes:

    (A) an instruction made under Texas Health and Safety Code §§166.032, 166.034 or 166.035 to administer, withhold, or withdraw life-sustaining treatment in the event of a terminal or irreversible condition;

    (B) an out-of-hospital DNR order, as defined by Texas Health and Safety Code §166.081;

    (C) a medical power of attorney under Texas Health and Safety Code, Chapter 166, Subchapter D; or

    (D) a declaration for mental health treatment for preferences or instructions regarding mental health treatment in accordance with Civil Practice and Remedies Code Chapter 137.

  (6) Alternate provider--An entity that provides mental health services or substance use disorder treatment services in the community but not pursuant to a contract or memorandum of understanding with an LMHA or LBHA.

  (7) APRN--Advanced practice registered nurse. A registered nurse licensed by the Texas Board of Nursing to practice as an advanced practice registered nurse as provided by Texas Occupations Code §301.152.

  (8) Assessment--The administrative process an SMHF or a facility with a CPB uses to gather information from a prospective patient, including a medical history and the problem for which the prospective patient is seeking treatment, to determine whether a prospective patient should be examined by a physician to determine if admission is clinically justified, as defined by Texas Health and Safety Code §572.0025(h)(2).

  (9) Assessment professional--In accordance with Texas Health and Safety Code §572.0025(c)-(d), a staff member of an SMHF or facility with a CPB whose responsibilities include conducting the intake assessment described in §306.175(g) and §306.176(e) of this subchapter, and who is:

    (A) a physician licensed to practice medicine under Texas Occupations Code, Chapter 155;

    (B) a physician assistant licensed under Texas Occupations Code, Chapter 204;

    (C) an APRN licensed under Texas Occupations Code, Chapter 301;

    (D) a registered nurse licensed under Texas Occupations Code, Chapter 301;

    (E) a psychologist licensed under Texas Occupations Code, Chapter 501;

    (F) a psychological associate licensed under Texas Occupations Code, Chapter 501;

    (G) a licensed professional counselor licensed under Texas Occupations Code, Chapter 503;

    (H) a licensed social worker licensed under Texas Occupations Code, Chapter 505; or

    (I) a licensed marriage and family therapist licensed under Texas Occupations Code, Chapter 502.

  (10) ATP--Absence for trial placement. When an individual, currently admitted to an SMHF, is physically away from the SMHF for the SMHF to evaluate the individual's adjustment to a particular living arrangement before the individual's discharge and as a potential residence following discharge. An ATP is a type of furlough, as referenced in Texas Health and Safety Code, Chapter 574, Subchapter F.

  (11) Business day--Any day except a Saturday, Sunday, or legal holiday listed in Texas Government Code §662.021.

  (12) Capacity--An individual's ability to understand and appreciate the nature and consequences of a decision regarding the individual's medical treatment, and the ability of the individual to reach an informed decision in the matter.

  (13) Child--An individual at least three years of age, but younger than 13 years of age.

  (14) Continuity of care--Activities designed to ensure an individual is provided uninterrupted services during a transition between inpatient and outpatient services and that assist the individual and the individual's LAR in identifying, accessing, and coordinating LMHA or LBHA services and other appropriate services and supports in the community needed by the individual, including:

    (A) assisting with admissions and discharges;

    (B) facilitating access to appropriate services and supports in the community, including identifying and connecting the individual with community resources, and coordinating the provision of services;

    (C) participating in developing and reviewing the individual's recovery or treatment plan;

    (D) promoting implementation of the individual's recovery or treatment plan; and

    (E) coordinating notification of continuity of care services between the individual and the individual's family and any other person providing support as authorized by the individual, and LAR, if any.

  (15) Continuity of care worker--An LMHA, LBHA, or LIDDA staff member responsible for providing continuity of care services. The staff member may collaborate with a peer specialist, recovery specialist, or family partner to provide continuity of services.

  (16) COPSD--Co-occurring psychiatric and substance use disorder.

  (17) COPSD model--An application of evidence-based practices for an individual diagnosed with co-occurring conditions of mental illness and substance use disorder.

  (18) CPB--Contracted psychiatric bed. A state-funded contracted psychiatric bed that:

    (A) is authorized by an LMHA or LBHA; and

    (B) is used for inpatient care in the community, and this does not include a crisis respite unit, crisis residential unit, an extended observation unit, or a crisis stabilization unit.

  (19) CRCG--Community Resource Coordination Group. A local interagency group comprised of public and private providers who collaborate to develop individualized service plans for individuals whose needs may be met through interagency coordination and cooperation. CRCGs are established and operate in accordance with a Memorandum of Understanding on Services for Persons Needing Multiagency Services, required by Texas Government Code §531.055.

  (20) Crisis--A situation in which:

    (A) an individual presents an immediate danger to self or others;

    (B) an individual's mental or physical health is at risk of serious deterioration; or

    (C) an individual believes he presents an immediate danger to self or others, or the individual's mental or physical health is at risk of serious deterioration.

  (21) Crisis treatment alternatives--Community-based facilities or units providing short-term, residential crisis treatment to ameliorate a behavioral health crisis in the least restrictive environment, including crisis stabilization units, extended observation units, crisis residential units, and crisis respite units. The intensity and scope of services varies by facility type and is available in a local service area based upon the local needs and characteristics of the community.

  (22) Day--Calendar day.

Cont'd...

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