CHAPTER 575.  ADMISSION AND TRANSFER PROCEDURES FOR INPATIENT
SERVICES
SUBCHAPTER A.  ADMISSION PROCEDURES

Sec. 575.001.  Authorization for Admission.

         (a) The facility administrator of an inpatient mental health
facility may admit and detain a patient under the procedures
prescribed by this subtitle.

         (b) The facility administrator of an inpatient mental health
facility operated by a community center or other entity the
department designates to provide mental health services may not
admit or detain a patient under an order for temporary or
extended court-ordered mental health services unless the facility
is licensed under Chapter 577.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.002.  Admission of Voluntary Patient to Private Mental Hospital.

         This subtitle does not prohibit the voluntary admission of a
patient to a private mental hospital in any lawful manner.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.003.  Admission of Alcoholics and Persons Charged With Criminal
Offense.

         This subtitle does not affect the admission to a state mental
health facility of:

                       (1) an alcoholic admitted under Chapter 462; or

                       (2) a person charged with a criminal offense admitted under
         Section 5, Article 46.02, Code of Criminal Procedure.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
               SUBCHAPTER B.  TRANSFER PROCEDURES
                                
Sec. 575.011.  Transfer to State Mental Hospital or Single Portal
                           Authority.
                                
 (a) The department may transfer a patient, if the transfer is
     considered advisable, from a state mental hospital to:
                                
             (1) another state mental hospital; or
                                
  (2) a facility of a single portal authority if the authority
                           consents.
                                
 (b) A single portal authority may transfer a patient from one
  authority facility to another if the transfer is considered
                           advisable.
                                
(c) A voluntary patient may not be transferred under Subsection
           (a) or (b) without the patient's consent.
                                
  (d) The facility administrator of an inpatient mental health
facility may, for any reason, transfer an involuntary patient to:
                                
  (1) a facility of a single portal authority for the area; or
                                
(2) a state mental hospital designated by the department if there
     is no designated single portal authority for the area.
                                
(e) The facility administrator shall notify the committing court
 and the single portal authority or department, as appropriate,
      before transferring a patient under Subsection (d).
                                
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.012.  Transfer of Person With Mental Retardation to State
Hospital.

         (a) An inpatient mental health facility may not transfer a
patient who is also a person with mental retardation to a
department mental health facility unless, before initiating the
transfer, the facility administrator of the inpatient mental
health facility obtains from the commissioner a determination
that space is available in a department facility unit that is
specifically designed to serve such a person.

         (b) The department shall maintain an appropriate number of
hospital-level beds for persons with mental retardation who are
committed for court-ordered mental health services to meet the
needs of the single portal authorities.  The number of beds the
department maintains must be determined according to the previous
year's need.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.013.  Transfer of Person With Mental Retardation to State School.

         (a) The hospital administrator of a state mental hospital may
transfer an involuntary patient in the hospital to a state school
for persons with mental retardation if an examination of the
patient indicates that the patient has symptoms of mental
retardation to the extent that training, education,
rehabilitation, care, treatment, and supervision in a state
school are in the patient's best interest.

         (b) A certificate containing the diagnosis and the hospital
administrator's recommendation of transfer to a specific state
school shall be furnished to the committing court.

         (c) The patient may not be transferred before the judge of the
committing court enters an order approving the transfer.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.014.  Transfer to Private Mental Hospital.

         The hospital administrator of a private mental hospital may
transfer a patient to another private mental hospital, or the
department may transfer a patient to a private mental hospital,
at no expense to the state if:

                       (1) the patient or the patient's guardian or next friend
         signs an application requesting the transfer at the patient's
         or applicant's expense;

                       (2) the hospital administrator of the private mental
         hospital to which the person is to be transferred agrees in
         writing to admit the patient and to accept responsibility for
         the patient as prescribed by this subtitle; and

                       (3) written notice of the transfer is sent to the committing
         court.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.015.  Transfer to Federal Facility.

         The department or the hospital administrator of a private
mental hospital may transfer an involuntary patient to a federal
agency if:

                       (1) the federal agency sends notice that facilities are
         available and that the patient is eligible for care or
         treatment in a facility;

                       (2) notice of the transfer is sent to the committing court;
         and

                       (3) the committing court enters an order approving the
         transfer.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.016.  Transfer From Facility of the Institutional Division of the
Texas Department of Criminal Justice.

         (a) The institutional division of the Texas Department of
Criminal Justice shall transfer a patient committed to an
institutional division inpatient mental health facility under
Section 574.044 to a noncorrectional mental health facility on
the day the inmate is released on parole or mandatory
supervision.

         (b) A patient transferred to a department mental health
facility shall be transferred as prescribed by Section 575.011 or
575.012 to the facility that serves the location to which the
patient is released on parole or mandatory supervision.

         (c) The mental health facility to which a patient is
transferred under this section is solely responsible for the
patient's treatment.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.

Sec. 575.017.  Transfer of Records.

         The facility administrator of the transferring inpatient mental
health facility shall send the patient's appropriate hospital
records, or a copy of the records, to the hospital or facility
administrator of the mental hospital or state school to which the
patient is transferred.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991