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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle C. TEXAS MENTAL HEALTH CODE |
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Chapter 574. COURT-ORDERED MENTAL HEALTH SERVICES |
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Subchapter F. FURLOUGH, DISCHARGE, AND TERMINATION OF COURT-ORDERED MENTAL HEALTH SERVICES |
Sec. 574.081. CONTINUING CARE PLAN BEFORE FURLOUGH OR DISCHARGE
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(a) The physician responsible for the patient's treatment shall prepare a continuing care plan for a patient who is scheduled to be furloughed or discharged unless the patient does not require continuing care.
(b) The physician shall prepare the plan as prescribed by department rules and shall consult the patient and the local mental health authority in the area in which the patient will reside before preparing the plan. The local mental health authority is not required to participate in preparing a plan for a patient furloughed or discharged from a private mental health facility.
(c) The plan must address the patient's mental health and physical needs, including, if appropriate:
(1) the need for sufficient medication on furlough or discharge to last until the patient can see a physician; and
(2) the person or entity that is responsible for providing and paying for the medication.
(d) The physician shall deliver the plan and other appropriate information to the community center or other provider that will deliver the services if:
(1) the services are provided by:
(A) a community center or other provider that serves the county in which the patient will reside and that has been designated by the commissioner to perform continuing care services; or
(B) any other provider that agrees to accept the referral; and
(2) the provision of care by the center or provider is appropriate.
(e) The facility administrator or the administrator's designee shall have the right of access to discharged patients and records of patients who request continuing care services.
(f) A patient who is to be discharged may refuse the continuing care services.
(g) A physician who believes that a patient does not require continuing care and who does not prepare a continuing care plan under this section shall document in the patient's treatment record the reasons for that belief.
(h) Subsection (c) does not create a mandate that a facility described by Section 571.003(9)(B) or (E) provide or pay for a medication for a patient.