| (a) Discharge from emergency detention.
(1) Except as provided by §306.178 of this subchapter
(relating to Voluntary Treatment Following Involuntary Admission)
and in accordance with Texas Health and Safety Code §573.021(b)
and §573.023(b), an SMHF or facility with a CPB immediately discharges
an individual under emergency detention if:
(A) the SMHF administrator, administrator of the facility
with a CPB, or designee concludes, based on a physician's determination,
the individual no longer meets the criteria in §306.176(c)(1)
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); or
(B) except as provided in paragraph (2) of this subsection:
(i) 48 hours has elapsed from the time the individual
was presented to the SMHF or facility with a CPB; and
(ii) the SMHF or facility with a CPB has not obtained
a court order for further detention of the individual.
(2) In accordance with Texas Health and Safety Code §573.021(b),
if the 48-hour period described in paragraph (1)(B)(i) of this subsection
ends on a Saturday, Sunday, or legal holiday, or before 4:00 p.m.
on the next business day after the individual was presented to the
SMHF or facility with a CPB, the SMHF or facility with a CPB detains
the individual until 4:00 p.m. on such business day.
(b) Discharge under order of protective custody. Except
as provided by §306.178 of this subchapter and in accordance
with Texas Health and Safety Code §574.028, an SMHF or facility
with a CPB immediately discharges an individual under an order of
protective custody if:
(1) the SMHF administrator, facility with a CPB administrator,
or designee determines that, based on a physician's determination,
the individual no longer meets the criteria described in Texas Health
and Safety Code §574.022(a);
(2) the SMHF administrator, facility with a CPB administrator,
or designee does not receive notice that the individual's continued
detention is authorized after a probable cause hearing held within
the time period prescribed by Texas Health and Safety Code §574.025(b);
(3) a final order for court-ordered inpatient mental
health services has not been entered within the time period 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(a).
(c) Discharge under court-ordered inpatient mental
health services.
(1) Except as provided by §306.178 of this subchapter
and in accordance with Texas Health and Safety Code §574.085
and §574.086(a), an SMHF or facility with a CPB immediately discharges
an individual under a temporary or extended order for inpatient mental
health services if:
(A) the order for inpatient mental health services
expires; or
(B) the SMHF administrator, administrator of the facility
with a CPB, or designee concludes that, based on a physician's determination,
the individual no longer meets the criteria for court-ordered inpatient
mental health services.
(2) In accordance with Texas Health and Safety Code §574.086(b),
before discharging an individual in accordance with paragraph (1)
of this subsection, the SMHF administrator, administrator of the facility
with a CPB, or designee considers whether the individual should receive
court-ordered outpatient mental health services in accordance with
a modified order described in Texas Health and Safety Code §574.061.
(3) In accordance with Texas Health and Safety Code §574.081,
at the time an individual receiving court-ordered inpatient mental
health services is furloughed or discharged from a facility with a
CPB, a facility with a CPB is responsible for providing or paying
for psychoactive medication and any other medication prescribed to
counteract adverse side effects of psychoactive medication.
(A) A facility with a CPB is only required to provide
or pay for these medications if funding to cover the cost of the medications
is available to be paid to the facility for this purpose from HHSC.
(B) The facility with a CPB must provide or pay for
the medications in an amount sufficient to last until the individual
can see a physician, or provider with prescriptive authority, but
the facility with a CPB is not required to provide or pay for more
than a seven-day supply.
(C) The facility with a CPB must inform an individual
if funding is not available to provide or pay for the medications
upon furlough or discharge. If funding is not available, the individual's
designated LMHA or LBHA is responsible for providing psychoactive
medications as provided in §306.207(2)(A) of this division (relating
to Post Discharge or Absence for Trial Placement: Contact and Implementation
of the Recovery or Treatment Plan), if applicable.
(4) Individuals committed under Texas Code of Criminal
Procedure, Chapter 46B or 46C may only be discharged as provided by §306.202(f)
of this division (relating to Special Considerations for Discharge
Planning).
(d) Discharge packet. An SMHF administrator, administrator
of a facility with a CPB, or designee forwards a discharge packet,
as provided in §306.201(h) of this division (relating to Discharge
Planning), of any individual committed under the Texas Code of Criminal
Procedure to the jail and the LMHA or LBHA in accordance with state
and federal privacy laws.
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