SECTION 307.169. Written Policies and Procedures

An OCR provider must develop and implement written policies and procedures that outline processes for:

(1) maintaining a list of each staff member providing OCR services, including the staff members':

(A) position and credentials;

(B) reporting structure; and

(C) responsibilities;

(2) maintaining staff member training records;

(3) describing an individual's eligibility and ineligibility criteria for OCR services;

(4) screening an individual's appropriateness for OCR services;

(5) admitting an individual within the OCR program provider's catchment area;

(6) developing a treatment plan and discharge plan;

(7) delivering all required components of competency restoration services;

(8) admitting an individual:

(A) who is referred by another LMHA, LBHA, or LIDDA that is outside of the OCR program's catchment area but is within close physical proximity to the OCR program;

(B) who is without an OCR program in the individual's service area; and

(C) where OCR services are potentially appropriate;

(9) documenting the types of services provided in the OCR program other than competency restoration services in accordance with §307.161 of this subchapter (relating to General Service Requirements);

(10) regularly monitoring, evaluating, and documenting the individual's progress towards attainment of competency to stand trial and likeliness to restore to competency in the foreseeable future in accordance with §307.163 of this subchapter (relating to Assessment, Reassessment, Court Reporting, and Extension);

(11) notifying the court:

(A) that the initial restoration period will expire and when it will expire;

(B) if the individual has attained competency to stand trial or is not likely to attain competency in the foreseeable future;

(C) of a request for an extension of continued restoration services as specified in the Texas Code of Criminal Procedure, Articles 46B.079(d) and 46B.080; and

(D) the individual's readiness to return to court;

(12) complying with reporting procedures specified in Texas Code of Criminal Procedure, Article 46B.079;

(13) preparing for an individual's planned or unplanned discharge from the OCR program and ensuring continuity of care in accordance with §307.165 of this subchapter (relating to Discharge Requirements), as appropriate; and

(14) educating an individual about the individual's rights and participation in the OCR program.

Source Note: The provisions of this §307.169 adopted to be effective February 9, 2021, 46 TexReg 918; amended to be effective February 9, 2023, 48 TexReg 519