(a) Request for voluntary admission. (1) In accordance with Texas Health and Safety Code §572.001, a request for voluntary admission of an individual with a mental illness may only be made by: (A) the individual, if the individual is at least 16 years of age or older; (B) an LAR who meets the criteria described in paragraph (4)(A)(i) or (iii) of this subsection, if the individual is younger than 18 years of age; or (C) an LAR who meets the criteria described in paragraph (4)(A)(ii) of this subsection, if the admission is sought pursuant to the provisions of Texas Health and Safety Code §572.001(c-1) - (c-4).(2) In accordance with Texas Health and Safety Code §572.001(b) and (e), a request for admission must: (A) be in writing and signed by the individual or LAR making the request; and (B) include a statement that the individual or LAR making the request: (i) agrees that the individual will remain in the state hospital or CPB until the individual's discharge; and (ii) consents to diagnosis, observation, care, and treatment of the individual until: (I) the discharge of the individual; or (II) the individual is entitled to leave the state hospital or CPB, in accordance with Texas Health and Safety Code §572.004, after a request for discharge is made. (3) The consent given under paragraph (2)(B)(ii) of this subsection does not waive an individual's rights described in: (A) Chapter 320, Subchapter A of this title (relating to Rights of Individuals Receiving Mental Health Services); (B) Chapter 307, Subchapter I of this title (relating to Electroconvulsive Therapy (ECT)); (C) Chapter 320, Subchapter B of this title (relating to Consent to Treatment with Psychoactive Medication--Mental Health Services); and (D) Chapter 320, Subchapter C of this title (relating to Interventions in Mental Health Services). (4) An LAR is a person authorized by state law to act on behalf of an individual for the purposes of:(A) admission, transfer, or discharge that includes: (i) a parent, non-DFPS managing conservator, or guardian; (ii) a representative of DFPS for a minor under DFPS conservatorship pursuant to Texas Health and Safety Code §572.001 (c-2) - (c-4); or (iii) a person authorized by a district court under Texas Family Code Chapter 35A to consent for the temporary admission of a minor; or (B) consent on behalf of an individual regarding a matter described in this subchapter other than admission, transfer, or discharge that includes: (i) persons described in subparagraph (A) of this paragraph; (ii) a person eligible to consent to treatment for a minor under Texas Family Code §32.001(a); and (iii) an agent acting under a Medical Power of Attorney under Texas Health and Safety Code Chapter 166 or a Declaration for Mental Health Treatment under Texas Civil Practice and Remedies Code Chapter 137. (b) Failure to meet admission criteria. If a physician of a state hospital or CPB determines that an individual does not meet admission criteria and that community resources may appropriately serve the individual, the facility must contact the LMHA, LBHA, or LIDDA to discuss the availability and appropriateness of community-based services for the individual. The LMHA, LBHA, or LIDDA must:(1) contact the individual and LAR, if applicable, no later than 24 hours after the LMHA, LBHA, or LIDDA is notified of the failure to meet the admission criteria; and(2) provide referrals and referral follow-up for ongoing services as clinically indicated to address the individual's mental health needs and SUD needs.(c) Examination. (1) A physician must conduct an examination on an individual requesting voluntary admission in accordance with this subsection. (2) In accordance with Texas Health and Safety Code §572.0025(f)(1)(A), a physician must conduct a physical and psychiatric examination, either in person or through audiovisual or other telecommunications technology within 72 hours before voluntary admission or 24 hours after voluntary admission, that includes: (A) an assessment for medical stability; (B) a psychiatric examination; and (C) if indicated, an assessment for a SUD. (3) In accordance with Texas Health and Safety Code §572.0025(f)(1); the physician may not delegate the examination to a non-physician. (d) Meets admission criteria. If, after examination, a physician determines that an individual meets the admission criteria of a state hospital or CPB, the state hospital or CPB must admit the individual. (e) To meet the needs of an individual who does not meet admission criteria to a state hospital or CPB, an LMHA or LBHA, as applicable, must:(1) provide community mental health services and supportive services to the individual; or(2) refer the individual or LAR to community mental health services and supportive services.(f) Capacity to consent. (1) If a physician determines that an individual whose consent is necessary for a voluntary admission does not have the capacity to consent to diagnosis, observation, care, and treatment, the state hospital or CPB may not voluntarily admit the individual. (2) When appropriate, the state hospital or CPB may initiate an emergency detention proceeding in accordance with Texas Health and Safety Code Chapter 573 or file an application for court-ordered inpatient mental health services in accordance with Texas Health and Safety Code Chapter 574. (g) Intake assessment. Before voluntary admission of an individual, in accordance with Texas Health and Safety Code §572.0025(b), an assessment professional for a state hospital or CPB, must conduct an intake assessment with the individual and LAR, if applicable, to: (1) obtain relevant information about the individual, including: (A) psychiatric and medical history; (B) social history; (C) symptomology; (D) support systems; (E) finances; (F) third-party coverage or insurance benefits; and (G) advance directives; (2) explain, orally and in writing, the individual's rights described in Chapter 320, Subchapter A of this title; (3) explain, orally and in writing, the state hospital's or CPB's services and treatment as the services and treatment relate to the individual; (4) explain, orally and in writing, the existence, purpose, telephone number, and address of the protection and advocacy system established in Texas, pursuant to Texas Health and Safety Code §576.008; and (5) explain, orally and in writing, the individual trust fund account, charges for services, and the financial responsibility form. (h) Requirements for voluntary admission.(1) An individual or LAR must make a request for admission in accordance with subsection (a) of this section; (2) a physician must: (A) in accordance with Texas Health and Safety Code §572.0025(f)(1): (i) conduct an examination in accordance with subsection (c) of this section within 72 hours before the admission or 24 hours after the admission; or (ii) consult with a physician who has conducted an examination in accordance with subsection (c) of this section within 72 hours before the admission or 24 hours after the admission; (B) determine that the individual meets the admission criteria of the state hospital or CPB and that admission is clinically justified; and (C) issue an order admitting the individual; (3) in accordance with Texas Health and Safety Code §572.0025(f)(2), the administrator or designee of the state hospital or CPB must sign a written statement agreeing to admit the individual; and (4) in accordance with Texas Health and Safety Code §572.0026, the state hospital or CPB must have available space for the individual.(i) Documentation of admission order. In accordance with Texas Health and Safety Code §572.0025(f)(1), the order described in subsection (h)(2)(C) of this section is issued: (1) in writing and signed by the issuing physician; or (2) orally or electronically if, within 24 hours after its issuance, the state hospital or CPB has a written order signed by the issuing physician. (j) Periodic evaluation. To determine the need for continued inpatient treatment, a physician or physician's designee must evaluate and document justification for continued stay for an individual voluntarily receiving acute inpatient treatment as often as clinically indicated, but no less than once a week.