(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 SMHF or facility with a CPB on ATP if the SMHF or facility with a CPB and the designated LMHA or LBHA agree that an ATP will be beneficial in implementing the individual's recovery or treatment plan. The designated LMHA or LBHA is responsible for monitoring the individual while on ATP.
(b) Time frames for ATP.
  (1) An individual admitted under court-ordered inpatient mental health services may not be on ATP beyond the expiration date of the individual's order for inpatient mental health services.
  (2) The initial ATP period for any individual may not exceed 30 days.
  (3) The SMHF or facility with a CPB may extend an initial ATP period up to 30 days if:
    (A) requested by the designated LMHA or LBHA; and
    (B) clinically justified.
  (4) Approval by the following persons is required for any ATP that exceeds 60 days:
    (A) the SMHF administrator or designee, or the administrator of the facility with a CPB or designee; and
    (B) the designated LMHA or LBHA executive director or designee.
(c) Only the committing criminal court may grant ATP from the 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 §306.206 adopted to be effective May 20, 2020, 45 TexReg 3301