(a) Criteria for involuntary admission under order of emergency detention. In accordance with Texas Health and Safety Code §573.021, a CSU administrator may accept an individual for a preliminary examination who is:
(1) apprehended, and transported to the CSU by a peace officer, in accordance with Texas Health and Safety Code §573.001(a) and §573.005; or
(2) an adult who is transported to the CSU by the individual's family member or LAR in accordance with Texas Health and Safety Code §573.003.
(b) Preliminary examination under order of emergency detention. A physician must conduct an individual's preliminary examination in accordance with Texas Health and Safety Code §573.021 and as described in §306.53(d) of this division (relating to Pre-admission Screening and Assessment). The individual's preliminary examination must:
(1) occur as soon as possible, but no later than 12 hours after:
(2) include:
(c) Requirements for emergency detention. When clinically indicated, a CSU physician may initiate an emergency detention proceeding in accordance with Texas Health and Safety Code §572.004(d). A CSU physician may admit an individual for emergency detention in accordance with Texas Health and Safety Code §573.022(a)(2), only if:
(1) a physician determines from the preliminary examination that:
(2) a physician makes a written statement, in accordance with Texas Health and Safety Code §573.022 that:
(3) the physician writes an order admitting the individual for emergency detention based on the determination described in paragraph (1) of this subsection; and
(4) the individual meets the CSU's admission criteria, as required by §306.51 of this division (relating to Admission Criteria).
(d) Release of an individual from emergency detention.
(1) A CSU administrator, or administrator's designee, must release an individual accepted for a preliminary examination if:
(2) A CSU administrator, or administrator's designee, must release an individual determined ineligible for admission under emergency detention in accordance with the requirements in Texas Health and Safety Code §576.007. Before releasing an individual, the CSU must:
(e) Intake under Emergency Detention. A CSU staff member, trained in accordance with §306.83(h) - (i) of this subchapter (relating to Staff Training), must:
(1) conduct the intake of an individual as soon as possible, but no later than 24 hours after the time an individual is apprehended for emergency detention, as described in §306.55 of this division (relating to Voluntary Admission Criteria and Intake Process; and
(2) advise the individuals of their rights and determine whether the individual comprehends the rights for individuals apprehended, detained, or transported for emergency detention provided in accordance with Texas Health and Safety Code §573.025 and consent rights and information described in §306.51 and §306.55 of this division, and if the staff member determines that the individual:
(f) Criteria for involuntary admission under an order of protective custody.
(1) When clinically indicated, a CSU physician may initiate an application to request an order of protective custody of an individual in accordance with Texas Health and Safety Code §574.021.
(2) A CSU physician may admit an individual under an order of protective custody only if a court has issued a protective custody order in accordance with Texas Health and Safety Code §574.022.
(g) Intake under order of protective custody.
(1) A CSU staff member trained in accordance with §306.83(h) - (i) of this subchapter:
(2) If the CSU staff member determines that the individual:
(3) A CSU staff member is not required to conduct another intake if the intake was conducted when the individual was admitted, or within 24 hours before the issuance of the order of protective custody.
Source Note: The provisions of this §306.57 adopted to be effective May 27, 2021, 46 TexReg 3257