Section 306.79 - Discharge of an Involuntarily-Admitted Individual(a) Discharge from emergency detention. (1) Except as provided by § 306.59 of this subchapter (relating to Voluntary Treatment Following Involuntary Admission) and in accordance with Texas Health and Safety Code § 573.021 and § 573.023, an involuntarily-admitted individual under emergency detention must be immediately discharged from a CSU if: (A) the administrator or the administrator's designee determines, based on a physician's determination, that the individual no longer meets the criteria described in subsection (b)(1) of this section; or(B) except as provided in subsection (b) of this section, 48 hours have lapsed from the time the individual was presented to the CSU and the CSU has not obtained a court order for the individual's further detention.(2) In accordance with Texas Health and Safety Code § 573.021(b), if the 48-hour period described in paragraph (1)(B) of this subsection ends on a Saturday, Sunday, or legal holiday, or before 4:00 p.m. on the next business day after the patient was presented to the CSU, the involuntarily-admitted individual may be detained until 4:00 p.m. on such business day.(3) In accordance with Texas Health and Safety Code § 573.021(b), the 48-hour custody period described in paragraph (1)(B) of this subsection includes any time during which the individual in custody spends waiting in the CSU for medical care before receiving a preliminary examination.(b) Discharge under protective custody order. Unless an involuntarily-admitted individual consents to voluntary treatment, a CSU physician must immediately discharge the individual under an order of protective custody if: (1) the CSU administrator or designee determines that, based on a physician's determination, the individual no longer meets the criteria for protective custody described in Texas Health and Safety Code § 574.022;(2) the CSU administrator or designee does not receive notice that the individual's continued detention is authorized after a probable cause hearing held within the time frame prescribed by Texas Health and Safety Code § 574.025;(3) a final order for court-ordered inpatient mental health services has not been entered within the time frame prescribed by Texas Health and Safety Code § 574.005; or(4) an order to release the individual is issued in accordance with Texas Health and Safety Code § 574.028.26 Tex. Admin. Code § 306.79
Adopted by Texas Register, Volume 46, Number 21, May 21, 2021, TexReg 3271, eff. 5/27/2021