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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER D - MENTAL HEALTH SERVICES--ADMISSION, DISCHARGE, AND CONTINUITY OF CARE
SECTION/RULE §306.205 - Pass or Furlough from a State Hospital or a Facility with a Contracted Psychiatric Bed
Chapter Review Date 07/23/2024

(a) An individual who is under consideration for discharge as described in §306.203 of this division (relating to Discharge of an Individual Voluntarily Receiving Treatment) or §306.204(c) of this division (relating to Discharge of an Individual Involuntarily Receiving Treatment) may leave the state hospital or CPB while on pass or furlough if the state hospital or CPB and the designated LMHA or LBHA agree that a pass or furlough will be beneficial in implementing the individual's recovery or treatment plan. The designated LMHA or LBHA is responsible for monitoring the individual while the individual is on pass or furlough.(1) If an individual on an involuntary commitment under Texas Health and Safety Code Chapter 574 is authorized for a pass or furlough, the state hospital or CPB must notify the committing court of the individual's absence.(2) The state hospital or CPB may extend an initial pass or furlough if:(A) requested by the designated LMHA or LBHA; and(B) the extension is clinically justified.(3) A furlough that exceeds 60 days must be approved by:(A) the state hospital administrator or designee, or the administrator of the CPB or designee; and(B) the designated LMHA or LBHA executive director or designee. (4) The state hospital or CPB must not authorize a pass or furlough that exceeds the expiration date of the individual's order for inpatient mental health services.(b) The administrator of a state hospital or CPB may contact a peace officer as described under Texas Health and Safety Code §574.083 if:(1) an individual is absent without authority from a state hospital or CPB;(2) the individual has violated the conditions of a pass or furlough; or(3) the individual's condition has deteriorated to the extent that the individual's continued absence under pass or furlough is not appropriate. (c) If the individual is detained in a nonmedical facility by a peace officer, the LMHA or LBHA must ensure the individual receives proper care and medical attention in accordance with Texas Health and Safety Code §574.083. (d) In accordance with Texas Health and Safety Code §574.084, an individual's furlough may be revoked only after an administrative hearing held in accordance with this subsection. (1) The state hospital or CPB must conduct a hearing by a hearing officer who is a mental health professional not directly involved in treating the individual. (2) The state hospital or CPB must: (A) hold an informal hearing within 72 hours after the individual returns to the facility; (B) provide the individual or LAR and facility staff members an opportunity to present information supporting the state hospital's or CPB's position; and (C) provide the individual or LAR the option to select another person or staff member to serve as the individual's advocate. (3) Within 24 hours after the conclusion of the hearing, the hearing officer must determine if:(A) revocation of the furlough is justified because:(i) the individual was absent without authority from the facility;(ii) the individual violated the conditions of the furlough; or(iii) the individual's condition deteriorated to the extent the individual's continued furlough was inappropriate; or(B) the furlough was justified.(4) The hearing office must render the final decision in writing, including the basis for the hearing officer's decision, and place the decision in the individual's file. (5) If the hearing officer's decision does not revoke the furlough, the individual may leave the state hospital or CPB pursuant to the conditions of the furlough. (6) The state hospital or CPB must ensure the individual's record includes a copy of the hearing officer's report. (e) Only the committing criminal court may grant a pass or furlough from a state hospital or CPB for individuals committed under Texas Code of Criminal Procedure Chapter 46B or 46C.

Source Note: The provisions of this §306.205 adopted to be effective May 20, 2020, 45 TexReg 3301; amended to be effective February 23, 2025, 50 TexReg 997.

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