(a) An SMHF or facility with a CPB admits an individual:
  (1) under a protective custody order only if a court has issued a protective custody order in accordance with Texas Health and Safety Code §574.022; or
  (2) for court-ordered inpatient mental health services only if a court has issued:
    (A) an order for temporary inpatient mental health services issued in accordance with Texas Health and Safety Code §574.034, or Texas Family Code Chapter 55;
    (B) an order for extended inpatient mental health services issued in accordance with Texas Health and Safety Code §574.035, or Texas Family Code Chapter 55;
    (C) an order for commitment issued in accordance with the Texas Code of Criminal Procedure, Chapter 46B; or
    (D) an order for commitment issued in accordance with the Texas Code of Criminal Procedure, Chapter 46C.
(b) If an SMHF or facility with a CPB admits an individual in accordance with subsection (a) of this section, a physician, PA, or APRN issues and signs a written order admitting the individual. Admission of an individual in accordance with subsection (a) of this section is not a medical act and does not require the use of independent medical judgment or treatment by the physician, PA, or APRN issuing and signing the written order.
(c) An SMHF or a facility with a CPB conducts an intake assessment as soon as possible, but not later than 24 hours after the individual is admitted under a protective custody order or court-ordered inpatient mental health services. The intake assessment includes:
  (1) obtaining 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; and
  (2) explaining, orally and in writing, the individual's rights described in 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services);
  (3) explaining, orally and in writing, the SMHF's or facility with a CPB's services and treatment as they relate to the individual; and
  (4) explaining, 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.

Source Note: The provisions of this §306.177 adopted to be effective May 20, 2020, 45 TexReg 3301