SECTION 415.252. Application

This subchapter applies to the following types of facilities:

(1) a state hospital or a state center operated by the Department of State Health Services;

(2) a psychiatric hospital licensed pursuant to Texas Health and Safety Code, Chapter 577 (relating to Private Mental Hospitals and Other Mental Health Facilities) to the extent and as provided by Chapter 134 of this title (relating to Private Psychiatric Hospitals and Crisis Stabilization Units);

(3) a hospital that is licensed pursuant to Texas Health and Safety Code, Chapter 241 (relating to Hospitals) to the extent and as provided by Chapter 133 of this title (relating to Hospital Licensing), as follows:

(A) an identifiable mental health services unit within the hospital; and

(B) for all other areas within the hospital (including an emergency department), only to the extent that the requirements of this subchapter are consistent with, and not more stringent than, the requirements of the 42 CFR §482.13 (relating to Medicare Conditions of Participation); 42 CFR §489.20 (relating to Essentials of Provider Agreements); and §133.44 of this title (relating to Hospital Patient Transfer Policy).

(4) a crisis stabilization unit licensed pursuant to Texas Health and Safety Code, Chapter 577 and Chapter 134 of this title;

(5) the Waco Center for Youth;

(6) a community mental health service provider governed by Chapter 412, Subchapter G of this title (relating to Mental Health Community Services Standards); and

(7) the Texas Center for Infectious Disease, to the extent that mental health services are provided by that facility pursuant to its authority, under Texas Health and Safety Code, §13.004, to receive an individual who is mentally ill and who is infected with tuberculosis.

Source Note: The provisions of this §415.252 adopted to be effective July 22, 2014, 39 TexReg 5581