SECTION 353.307. Admission Authorization and Consent to Treatment

(a) Only a QCC may authorize an admission. The QCC shall authorize each admission in writing and specify the level of care to be provided. The authorization shall be documented in the client record and shall contain sufficient documentation to support the diagnosis and the placement decision.

(b) The treatment program must obtain written authorization from the consenter before providing any treatment. The consent form must be dated and signed by the client, the consenter, and the personnel member providing the information and must include documentation that the client and consenter received and understood the following information:

(1) the specific condition to be treated;

(2) the recommended course of treatment;

(3) the expected benefits of treatment;

(4) the probable health and mental health consequences of not consenting;

(5) the side effects and risks associated with the treatment;

(6) any generally accepted alternatives and whether an alternative might be appropriate;

(7) the qualifications of the personnel member(s) who will provide the treatment;

(8) the name of the primary provider;

(9) the client grievance procedure;

(10) the notice of client rights;

(11) the treatment program rules;

(12) violations that may lead to disciplinary action or discharge;

(13) any consequences or searches used to enforce treatment program rules;

(14) the services and treatment process; and

(15) opportunities for the parent/guardian or an alternate support system to be involved in treatment.

(c) This information shall be explained to the client and consenter in simple, non-technical terms no later than 24 hours after the client's admission to the treatment program. Documentation of the explanation must be dated and signed by the client, the consenter, and the personnel member providing the explanation.

(d) If an emergency or the client's physical or mental condition prevents the explanation from being given or understood by the client within 24 hours of the client's admission to the treatment program, a personnel member must document the circumstances in the client record and present the explanation as soon as possible.

(e) The client record must include a copy of the notice of client rights dated and signed by the client and consenter.

(f) If possible, all information shall be provided in the consenter's primary language.

(g) When an applicant is determined to be eligible for services but denied admission, the treatment program shall maintain documentation signed by the examining QCC that includes the reason for the denial.

Source Note: The provisions of this §353.307 adopted to be effective October 1, 2021, 46 TexReg 6408