(a) In accordance with Texas Health and Safety Code §574.082, an SMHF administrator, administrator of a facility with a CPB, or designee may, in coordination with the designated LMHA or LBHA, authorize absences for an individual involuntarily admitted under court order for inpatient mental health services.
  (1) If an individual's authorized absence is to exceed 72 hours, the SMHF or facility with a CPB notifies the committing court of the absence.
  (2) The SMHF or facility with a CPB may not authorize an absence that exceeds the expiration date of the individual's order for inpatient mental health services.
(b) In accordance with Texas Health and Safety Code §574.083, an SMHF or facility with a CPB detains or readmits an individual if the SMHF administrator, administrator of the facility with a CPB, or the administrator's designee issues a certificate or affidavit establishing that the individual is receiving court-ordered inpatient mental health services and:
  (1) the individual is absent without authority from the SMHF or facility with a CPB;
  (2) the individual has violated the conditions of the absence; or
  (3) the individual's condition has deteriorated to the extent that the individual's continued absence from the SMHF or facility with a CPB is inappropriate and there is a question of competency or willingness to consent to return, then the designated LMHA or SMHF must initiate involuntary admission in accordance with Texas Health and Safety Code, Chapter 573 or 574.
(c) In accordance with Texas Health and Safety Code §574.084, an individual's authorized absence that exceeds 72 hours may be revoked only after an administrative hearing held in accordance with this subsection.
  (1) The SMHF or facility with a CPB conducts a hearing by a hearing officer who is a mental health professional not directly involved in treating the individual.
  (2) The SMHF or facility with a CPB:
    (A) holds an informal hearing within 72 hours after the individual returns to the facility;
    (B) provides the individual and facility staff members an opportunity to present information supporting their position; and
    (C) provides the individual 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:
    (A) determines if the individual violated the conditions of the authorized absence, the authorized absence was justified, or the individual's condition deteriorated to the extent the individual's continued absence was inappropriate; and
    (B) renders the final decision in writing, including the basis for the hearing officer's decision.
  (4) If the hearing officer's decision does not revoke the authorized absence, the individual may leave the SMHF or facility with a CPB pursuant to the conditions of the absence.
  (5) The SMHF or facility with a CPB ensures the individual's record includes a copy of the hearing officer's report.
(d) Except in medical emergencies, only the committing criminal court may grant absences from a SMHF or facility with a 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