(a) Transfer of an individual committed to a state supported living center (SSLC).
  (1) An individual committed to an SSLC for residential services may be transferred to a state hospital for mental health care if a licensed physician of the SSLC determines after an examination that care, treatment, and rehabilitation in a state hospital is in the best interest of the individual.
  (2) The individual will be returned to the SSLC within 30 calendar days unless a court order transferring the individual is obtained by the state hospital as described in paragraph (3) of this subsection.
  (3) If the state hospital determines hospitalization of the individual is necessary for longer than 30 calendar days, the state hospital will request from the committing court an order transferring the individual to the state hospital. In support of the request, the state hospital will submit two certificates of medical examination for a mental illness to the court, as described in Texas Health and Safety Code §574.011, stating that the individual:
    (A) is a person with a mental illness; and
    (B) requires observation or treatment in the state hospital.
  (4) If the state hospital determines an individual who has been transferred to a state hospital under a court order no longer requires hospitalization, the state hospital will request that the committing court approve the return of the individual to the SSLC, in accordance with Texas Health and Safety Code §594.045.
(b) Transfer of an Individual voluntarily admitted to an SSLC. An individual admitted to an SSLC under a regular voluntary admission for residential services may be transferred to a state hospital only if the individual consents to the transfer.

Source Note: The provisions of this §902.1 adopted to be effective January 5, 2022, 46 TexReg 9400