40 Tex. Admin. Code § 2.261 - Criteria for Emergency Admission of an Adult or a Minor to a State MR Facility Under the PMRA

(a) In accordance with THSC, §593.027, an individual may be admitted under an emergency admission to a state MR facility for residential services without:

(1) the individual having been determined to have mental retardation in accordance with § 415.155 of this title (relating to Determination of Mental Retardation (DMR); or

(2) a report by an IDT recommending the placement having been completed in accordance with § 412.264 of this title (relating to IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA) during the six months preceding the request for admission.

(b) An admission under subsection (a) of this section may occur if:

(1) there is persuasive evidence that the individual has mental retardation;

(2) the individual has an urgent need for the services;

(3) the state MR facility has appropriate space available; and

(4) the state MR facility can provide relief within a year after the date of admission.

Notes

40 Tex. Admin. Code § 2.261

The provisions of this §2.261 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