| (a) The individual, the individual's LAR, any other
person authorized by the individual, SMHF staff, the designated LMHA
or LBHA, or another interested person may initiate a request to transfer
an individual from one SMHF to another SMHF.
(b) A transfer between SMHFs may occur when deemed
advisable by the administrator of the transferring SMHF with the agreement
of the administrator of the receiving SMHF based on:
(1) the condition and desires of the individual;
(2) geographic residence of the individual;
(3) program and bed availability; and
(4) geographical proximity to the individual's family
and any other person authorized by the individual, and LAR, if any.
(c) An individual voluntarily receiving treatment may
not be transferred without the consent of the individual or LAR who
made the request for voluntary admission in accordance with §306.175(a)(1)
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).
(d) If an SMHF transfers an individual receiving court-ordered
inpatient mental health services from one SMHF to another SMHF, the
transferring SMHF notifies the committing court of the transfer.
(e) If a prosecuting attorney has notified the SMHF
administrator that an individual has criminal charges pending, the
administrator notifies the judge of the court before which charges
are pending if the individual transfers to another SMHF.
(f) 25 TAC Chapter 415, Subchapter G (relating to Determination
of Manifest Dangerousness) or HHSC state hospital policies govern
transfer of an individual between an SMHF and a maximum-security unit
or adolescent forensic unit.
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