SECTION 904.77. Transfer of an Individual from a State MR Facility to a State MH Facility

(a) An individual committed to a state MR facility for residential services may be transferred to a state MH facility for mental health care if a licensed physician of the state MR facility determines after an examination that care, treatment, control and rehabilitation in a state MH facility is in the best interest of the individual.

(b) The individual will be returned to the state MR facility within 30 calendar days unless a court order transferring the individual is obtained by the state MH facility as described in subsection (c) of this section.

(c) If the state MH facility determines that hospitalization of the individual is necessary for longer than 30 calendar days, the state MH facility will request from the committing court an order transferring the individual to the state MH facility. In support of the request, the state MH facility will submit two certificates of medical examination for mental illness to the court, as described in THSC, §574.011, stating that the individual:

(1) is a person with mental illness; and

(2) requires observation or treatment in the state MH facility.

(d) If the state MH facility determines that an individual who has been transferred to a state MH facility under a court order no longer requires hospitalization, the state MH facility will request that the committing court approve the return of the individual to the state MR facility, in accordance with THSC, §594.045.

(e) An individual admitted to a state MR facility under a regular voluntary admission for residential services may be transferred to a state MH facility only if the individual consents to the transfer.

Source Note: The provisions of this §904.77 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397