(a) In accordance with THSC, §593.028, an individual may be admitted to a state MR facility for respite care without:
  (1) the individual having been determined to have mental retardation in accordance with §415.155 of this title (relating to Determination of Mental Retardation (DMR); or
  (2) a report by an IDT recommending the placement having been completed in accordance with subsection §412.264 of this title (relating to IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA) during the six months preceding the request for admission.
(b) An admission under subsection (a) of this section may occur if:
  (1) there is persuasive evidence that the individual has mental retardation;
  (2) the state MR facility has appropriate space available;
  (3) the state MR facility provides services that meet the needs of the individual; and
  (4) the individual or the individual's family urgently requires assistance or relief that can be provided within a period not to exceed 30 calendar days after the date of admission.

Source Note: The provisions of this §904.39 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397