reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.310 - Procedures and Requirements Specific to the DSHS Dangerousness Review Board

Current through Reg. 49, No. 28; July 12, 2024
The DSHS Dangerousness Review Board must convene at least once every
													 month in accordance with this section.
(1) Schedule of hearings. The
											  DSHS Dangerousness Review Board chair, in consultation with the MSU/SAU CEO, is responsible for scheduling
											  hearings in accordance with this paragraph.
(A) Initial hearing.
(i) A hearing for an individual committed to the MSU/SAU under the Texas
											  Code of Criminal Procedure must be scheduled to occur on such a date so as to ensure the individual, if
											  determined not manifestly dangerous, will be transferred from the MSU/SAU within 60 days after arrival at the
											  MSU/SAU, as required by the Texas Code of Criminal Procedure, Article 46B.105 or 46C.260.
(ii) A hearing for an individual transferred to the MSU/SAU from a facility
											  must be scheduled within 60 days after transfer.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.311 - Disagreement with DSHS Dangerousness Review Board Determination and Referral to Commissioner

Current through Reg. 49, No. 28; July 12, 2024
(a) If the MSU/SAU CEO disagrees with the DSHS Dangerousness Review Board's
											  determination, then the CEO will refer the matter to the commissioner for resolution. The referral must be in
											  writing and include the CEO's reason(s) for disagreeing with the determination and documentation supporting
											  the reason(s). Transfer of the individual from the MSU/SAU is stayed pending resolution.
(b) The commissioner will resolve the disagreement by deciding whether or
											  not the individual is manifestly dangerous. The commissioner will inform the MSU/SAU CEO of the decision
											  within 21 days after receipt of the referral.
(c) If the
											  individual, LAR, or treatment team member disagrees with the DSHS Dangerousness Review Board's determination,
											  then he/she may request that the MSU/SAU CEO refer the matter to the commissioner for resolution. The request
											  must be in writing and received by the CEO within five days after receipt of the written report as described
											  in §
										415.305(j)
											  of this title (relating to Procedures and Requirements for All Review Boards). The request must include the
											  reason(s) for disagreeing with the determination and documentation supporting the reason(s). Upon receipt,
											  the CEO will review the request and decide whether to refer the matter to the commissioner in accordance with
											  subsection (a) of this section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.312 - Transferring an Individual from the MSU/SAU

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual committed to the MSU/SAU
											  pursuant to the Texas Code of Criminal Procedure, Article 46B or 46C, who has been determined not manifestly
											  dangerous by the DSHS Dangerousness Review Board or the commissioner at the initial hearing (described in
											  §
										415.310(1)(A)(i)
											  of this title (relating to Procedures and Requirements Specific to the DSHS Dangerousness Review Board)) must
											  be transferred from the MSU/SAU within 60 days following his/her arrival at the MSU/SAU.
(b) In addition to the timeframe for transfer described in subsection (a)
											  of this section, an individual must be transferred from the MSU/SAU within 14 days after being determined not
											  manifestly dangerous by the DSHS Dangerousness Review Board or the commissioner.
(c) As soon as possible after an individual has been determined not
											  manifestly dangerous by the DSHS Dangerousness Review Board or the commissioner, the MSU/SAU staff will
											  notify the committing court of the pending transfer.
(d) Prior to
											  the individual's transfer from the MSU/SAU, the MSU/SAU CEO will ensure that the hearing documentation
											  described in §
										415.310(4)(A)
											  of this title (relating to Procedures and Requirements Specific to the DSHS Dangerousness Review Board)
											  becomes a part of the individual's medical record.
(e) The
											  MSU/SAU is responsible for the individual's transportation from the MSU/SAU to the receiving
											  facility.
(f) Upon completion of the transfer, the receiving
											  facility must contact the committing court to establish communication between the receiving facility and the
											  court (e.g., inform court of new contact concerning the individual).
(g) The receiving facility CEO may not convene the facility review board to
											  conduct a hearing to determine whether the individual is manifestly dangerous unless the CEO has reason to
											  believe that there has been sufficient change in the individual's condition to indicate that the individual
											  may be manifestly dangerous.
(h) A continuing care plan for an
											  individual who has received treatment at the MSU/SAU must include an assessment of risk for manifest
											  dangerousness.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.313 - Competency of Review Board Members

Current through Reg. 49, No. 28; July 12, 2024
(a) Using a DSHS-approved orientation and
											  training program:
(1) the chair of each review board is responsible for
											  providing initial orientation to each mental health professional appointed in the pool from which the chair
											  selects review board members; and
(2) the MSU/SAU CEO and the
											  chair of the DSHS Dangerousness Review Board are responsible for conducting annual training for all mental
											  health professionals appointed in all pools.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.314 - Notice of Hearing Forms

Current through Reg. 49, No. 28; July 12, 2024
The following forms are referenced in this subchapter.
(1) Notice of Hearing by Facility Review Board; and
Attached Graphic
(2) Notice of Hearing by DSHS Dangerousness Review Board.
Attached Graphic
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.315 - References

Current through Reg. 49, No. 28; July 12, 2024
Reference is made to the following statutes:
(1) Texas Health and Safety Code, §
										533.035(a) and
											  §
										574.022; and
(2) Texas Code of Criminal Procedure, Articles 46B and 46C.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe:
(1) the standard operating policies and procedures for state mental health
											  facilities and state mental retardation facilities (SMHMRFs);
(2)
											  requirements and rights of facilities; and
(3) rights protections
											  for individuals receiving services from a facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
Except for §§417.39 - 417.46, concerning trust funds, that
													 apply only to state hospitals, the subchapter applies to state hospitals, state schools, state centers,
													 Central Office, and any entity that may become part of the Texas Department of Mental Health and Mental
													 Retardation (TDMHMR).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.3 - Compliance with Nondiscrimination Laws

Current through Reg. 49, No. 28; July 12, 2024
Services, financial assistance, and other benefits of TDMHMR's
													 programs and facility resources are provided in a manner that does not discriminate of the basis or race,
													 gender, sexual orientation, age, color, national origin, disability, religion, or political affiliation in
													 compliance with applicable state and federal law.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.4 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter have the
													 following meanings, unless the context clearly indicates otherwise.
(1) Budgeted amount--The amount of cash that may be disbursed to an
											  individual at regular intervals, e.g., weekly or monthly for discretionary spending without obtaining a sales
											  receipt for the expenditure.
(2) CEO--The chief executive officer
											  of a state mental health facility or a state mental retardation facility.
(3) Commercial lease--A lease of real property to a private
											  enterprise.
(4) Competitive bid--A competitive process for
											  determining the award of a lease, more particularly described in Texas Health and Safety Code, §
										533.084 and §
										533.087.
(5) Department--The Texas Department of Mental Health and Mental
											  Retardation (TDMHMR).
(6) Facility--A state mental health
											  facility (SMHF) or a state mental retardation facility (SMRF) operated by the TDMHMR.
(7) Individual--A person receiving services from the Texas Department of
											  Mental Health and Mental Retardation.
(8) LAR (legally authorized
											  representative)--A person authorized by law to act on behalf of an individual with regard to a matter
											  described in this subchapter, and may include a parent, guardian, or managing conservator of a minor
											  individual, a guardian of an adult individual, or a personal representative of a deceased
											  individual.
(9) Mental illness--An illness, disease, or condition
											  (other than a sole diagnosis of epilepsy, senility, substance abuse or dependency, mental retardation, autism
											  or pervasive developmental disorder) that:
(A) substantially impairs an
											  individual's thought, perception of reality, emotional process, or judgment; or
(B) grossly impairs an individual's behavior as demonstrated by recent
											  disturbed behavior.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.6 - Assignment and Use of Pooled Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of this
											  section, state-owned vehicles under the TDMHMR's control are assigned to the facility's motor vehicle pool
											  and made available for use as needed. Some of the vehicles in the motor vehicle pool may be organized in
											  subpools and assigned to divisions or functions (e.g., building services, security, food services) within the
											  facility. The subpooled vehicles are available only to staff in that division or who perform job duties
											  related to that function.
(b) If a state-owned vehicle under the
											  department's control is assigned to an employee, then the facility CEO or designee must document in writing
											  that the assignment and use of the vehicle is critical to TDMHMR's mission. The written documentation must be
											  maintained at the facility, sent to and maintained in the Central Office transportation office, and sent to
											  the General Services Commission, Office of Vehicle Fleet Management.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.7 - Inscription on State Vehicles

Current through Reg. 49, No. 28; July 12, 2024
State vehicles used primarily for transporting individuals receiving
													 services from TDMHMR are not required to have its inscription printed on the vehicle. The purpose served by
													 this exemption is to provide confidentiality, safety, and normalization for individuals receiving services
													 and to reduce the stigma associated with mental illness and mental retardation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.9 - Material Safety Data Sheets

Current through Reg. 49, No. 28; July 12, 2024
The plant maintenance manager or designee must ensure that a
													 contractor obtains a material safety data sheet before installing any material or replacement part at the
													 facility. If according to the material safety data sheet the material or replacement part contains more than
													 one percent asbestos and there is an alternative material or part available, the contractor is prohibited
													 from installing the material or replacement part.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.14 - Non-Commercial Groups

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. The facility CEO may make facility resources available to the
											  public at large whenever it can do so without compromising the department's primary mission.
(b) Requesting permission. The Facility/Premises Use Request form, which is
											  in the
TDMHMR Contracts Manual,
must be completed and submitted to the facility
											  CEO.
(c) Criteria for approving requests. The facility CEO may
											  approve or disapprove the use of facility resources based on whether:
(1)
											  the organization agrees in writing to abide by all rules and regulations established by the facility CEO
											  regarding the use facility resources and that its meetings in no way interfere with or disrupt the delivery
											  of services to the individuals mental illness or mental retardation;
(2) the event does not conflict with any of the facility's scheduled
											  events, programs, or priorities;
(3) the event is consistent with
											  the physical constraints of the resources to be used;
(4) the
											  facility can provide the services for the time period requested; and
(5) the event does not conflict with the best interests of the facility or
											  individuals.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.15 - Family Members and Guests of an Individual Receiving Services

Current through Reg. 49, No. 28; July 12, 2024
If a facility has on-site overnight accommodations that are made
													 available to family members or guests of an individuals receiving services, a facility resource use fee may
													 be charged. The facility use fee schedule is in the
TDMHMR Fiscal Manual.
If the family
													 member or guest is unable to pay the entire use fee, the facility CEO may waive any portion or all of the fee
													 based on the family member's or guest's ability to pay.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.23 - Unauthorized Departures That May Have Unusual Consequences

Current through Reg. 49, No. 28; July 12, 2024
The CEO or designee shall immediately if possible, but in no case
													 more than one hour later make a missing person report to the appropriate law enforcement agency upon
													 discovering an unauthorized departure that may have unusual consequences for an individual who:
(1) is unable to ensure his or her personal safety and/or is considered to
											  be a danger to self or others; and
(2) is receiving court-ordered
											  inpatient or residential services or is voluntarily receiving mental retardation residential
											  services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.27 - Depositing Department Funds

Current through Reg. 49, No. 28; July 12, 2024
The CEO or designee is responsible for ensuring that:
(1) all funds received are deposited with the state treasurer or in an
											  account that is insured under state or federal law.
(2) the
											  balance of such account does not exceed the insured limit of the financial institution; and
(3) all funds that must be deposited in the State Treasury are deposited
											  within three business days of receipt.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.28 - Investing Department Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The CEO or designee must ensure that funds which are not required for
											  current use are invested with Texas financial institutions or the Central Office investment plan. Earnings on
											  invested funds other than trust funds shall be added to the funds from which earnings are derived. The
											  interest rate and the availability for withdrawal in case of emergency must be considered in making
											  investment selections.
(1) Texas financial institutions. If the Texas
											  financial institution is insured under state or federal law, the funds may be invested in certificates of
											  deposit or savings accounts. If the investment amount exceeds the limits of state and federal insurance the
											  investment source must pledge additional securities equal to the investment amount.
(2) Central Office investment program. Central Office offers a short term
											  fund, current interest rate, investment plan for the benefit of all facilities. Funds may be transferred to
											  Central Office, Financial Services in multiples of $2,500 for immediate return upon request. Interest
											  payments are remitted by Central Office, Financial Services at the end of each month.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.29 - Benefit Funds: Use and Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. As authorized by the Texas Health and Safety Code, §
										551.004, the CEO must be the trustee of a special
											  fund designated as the benefit fund. The CEO may expend the money in any such fund for the education or
											  entertainment of individuals or for the actual expense of maintaining the fund at the financial
											  institution.
(b) Source of funds. The source of benefit funds
											  are:
(1) private donations or gifts; and
(2) interest earned from investment of benefit funds.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.33 - Mail for Staff Residing On Campus

Current through Reg. 49, No. 28; July 12, 2024
(a) Staff mail. Except as provided by subsection
											  (b) of this section, all mail addressed to staff is delivered unopened to the addressee. Routine,
											  indiscriminate opening of an employee's mail is prohibited. Unless living on grounds, staff must not have
											  personal mail delivered to the facility.
(b) Authority to open
											  mail. If the CEO determines that it is in the best interest of the facility to maintain fiscal control over
											  monies belonging to the facility, an individual, or to control contraband, the CEO has the authority to open
											  any mail addressed to a staff member, office, or section of the facility (except personal mail addressed to
											  staff or their families living on the grounds or mail marked "personal" or "confidential"). Mail addressed to
											  an employee (except that indicated in subsection (a) of this section) can be opened only in the presence of
											  the employee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.34 - Commercial Solicitation on Grounds

Current through Reg. 49, No. 28; July 12, 2024
The CEO is responsible for developing and implementing local
													 procedures regarding commercial solicitation on the grounds of the facility that include the requirement for
													 staff to direct sales representatives to those staff who are responsible for ordering the types of products
													 being offered, e.g., drug representatives are directed to the pharmacy director or the given the times,
													 dates, and locations of the meetings of the executive formulary committee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.38 - Individual's Personal Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Local procedures. The CEO or designee is
											  responsible for developing and implementing local procedures to ensure an individual's right to reasonable
											  protection of personal property including clothing and mail from theft or loss consistent with Chapter 404,
											  Subchapter E, concerning Rights of Persons Receiving Mental Health Services, and Chapter 405, Subchapter Y,
											  concerning Client Rights--Mental Retardation Services or any other department rules that concern the rights
											  of individuals.
(b) Personal property. The CEO or designee is
											  responsible for developing and implementing written processes that protect each individual's personal
											  property that include:
(1) advising individuals and LARs that the facility
											  is limited in its ability to protect any personal property that an individual keeps on the unit, however, if
											  loss or theft of such property is reported staff must make every effort to find and return the missing
											  property to the owner;
(2) documenting the receipt of any
											  personal property that is to be held under the facility's control;
(3) physically inventorying personal property under the facility's control
											  and documenting personal property received from individuals to ensure it is accounted for and if a
											  discrepancy arises develop a process for documenting, investigating, and resolving the discrepancy;
(4) documenting and honoring an individual's request for the return of any
											  or all of his or her personal property previously under the facility's control.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.39 - Protecting an Individual's Personal Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules concerning the personal funds of
											  individuals receiving services from a state mental retardation facility (SMRF) are in Chapter 419, Subchapter
											  E, concerning ICF/MR Program.
(b) The state mental health
											  facility (SMHF) must implement §§ 417.39-
											  417.46 of this title according to the generally
											  accepted accounting principles of the American Institute of Certified Public Accountants.
(c) The CEO must develop and implement local procedures regarding personal
											  funds that protect the financial interest of individuals and, at a minimum, require the SMHF to allow
											  individuals to hold and manage their personal funds to the extent of their abilities.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.40 - Notice Regarding Personal Funds

Current through Reg. 49, No. 28; July 12, 2024
At the time of admission to the SMHF, and if changes to services or
													 charges occur, staff must provide each individual or LAR with written notification containing the following
													 information:
(1) a written explanation of §
										417.41 of this title
											  (relating to Determining Management of Personal Funds), which describes who may manage personal
											  funds;
(2) a statement that the admitting physician determines
											  whether the individual has the ability to manage his or her personal funds and if, an individual is unable to
											  manage such funds, the funds are deposited in the trust fund account for no longer than seven calendar days
											  when the treating physician reevaluates the admitting physician's determination;
(3) a statement that the individual, CEO, or LAR may request that the
											  Social Security Administration appoint a representative payee to receive the individual's federal benefits in
											  accordance with 20 CFR Part 416, Subpart F;
(4) a statement that,
											  if the facility manages the individual's personal funds, staff must make available the individual's personal
											  funds ledger upon the individual's or LAR's request but in no case longer than 30 calendar days;
											  and
(5) a statement that at the request of the individual or LAR,
											  or if the individual is discharged from the SMHF, the SMHF must whenever possible disburse the individual's
											  personal funds to the individual or LAR upon discharge but in no event more than 30 calendar days after the
											  request or discharge, if the SMHF manages the individual's personal funds.
(6) a statement that the facility is not responsible for personal funds
											  mailed directly to individuals; and
(7) a statement that the SMHF
											  maintains a trust fund to protect personal funds and such funds including cash and checks that are to be
											  deposited in the trust fund must be mailed to the cashier's attention.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.41 - Determining Management of Personal Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Within seven business days after an
											  individual is admitted to the SMHF, the treating physician must determine if the individual has the ability
											  to manage his or her personal funds.
(b) If an individual does
											  not have an LAR and is determined by the treating physician to have the ability to decide who manages his or
											  her personal funds or if an individual has an LAR, the facility must allow the individual or LAR to choose
											  one of the following to manage his or her personal funds and document such choice as determined by local
											  procedures:
(1) the individual, if the individual is determined to have the
											  ability to manage his or her personal funds;
(2) the individual's
											  LAR;
(3) another person identified by the individual or LAR who
											  has agreed in writing to manage the individual's personal funds; or
(4) the facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.42 - SMHF-Managed Personal Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Accounting for personal funds. If the facility manages an individual's
											  personal funds, the SMHF must comply with this section and ensure that:
(1)
											  a complete accounting of personal funds entrusted to the SMHF is maintained;
(2) personal funds are not commingled with facility funds or the funds of
											  any person other than another individual for whom the SMHF manages personal funds; and
(3) an individual's personal funds are only expended for that individual's
											  use and benefit.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.43 - Requests for Personal Funds from Trust Fund Accounts

Current through Reg. 49, No. 28; July 12, 2024
If staff receive a request, from an individual or other person
													 except staff to expend an individual's personal funds without written evidence supporting the disbursement, a
													 written request specifying the amount and purpose of the expenditure is signed by the requestor, the facility
													 may release such funds to the requestor if the funds recipient acknowledges receiving the funds in
													 writing.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.44 - Returning Individual's Personal Funds on Discharge

Current through Reg. 49, No. 28; July 12, 2024
If an individual is discharged from the facility, staff must upon
													 discharge or in no case more than 30 calendar days after the discharge:
(1) reconcile the personal funds ledger to the trust fund control ledger
											  and the trust fund control ledger to the general ledger;
(2)
											  transfer all personal funds managed by the facility:
(A) to the facility
											  receiving the individual, if the individual is discharged to another facility; or
(B) to the individual or LAR, if the individual is not discharged to
											  another SMHF;
(C) the copy of a check serves as documentation for
											  the distribution of personal funds.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.45 - Unclaimed Personal Funds and Property

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person makes a request for an
											  individual's unclaimed personal funds or property that:
(1) exceeds $500
											  and provides written authorization from the probate court to receive such funds or property, staff release
											  the funds or property.
(2) is $500 or less and the CEO or
											  designee is reasonably certain that the person is the lawful heir and that there is no concern for a future
											  dispute over the disbursed funds or property, facility staff release the funds or property.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 417.46 - Contributions

Current through Reg. 49, No. 28; July 12, 2024
If the individual or LAR makes a contribution to the SMHF using
													 personal funds, the SMHF and the contributor must sign and date an acknowledgement that the SMHF's services
													 are not predicated on a contribution and the contribution is voluntary. The acknowledgement must be made a
													 part of the individual's personal funds documentation. There are additional requirements for accepting
													 contributions in Chapter 417, Subchapter G, concerning community relations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter G - VOLUNTEER AND COMMUNITY ENGAGEMENT › Section 417.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish standards for
													 volunteer programs associated with facilities and for donations made by private individuals to facilities and
													 persons served.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter G - VOLUNTEER AND COMMUNITY ENGAGEMENT › Section 417.302 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an individual or group volunteering at or
													 donating to a facility, other than an individual employed by the department. Employees who wish to volunteer
													 with a facility should consult department policy and guidelines.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter G - VOLUNTEER AND COMMUNITY ENGAGEMENT › Section 417.303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter, have
													 the following meanings, unless the context clearly indicates otherwise.
(1) 501(c)(3) organization--An organization exempt from taxation under
											  §501(c)(3) of the Internal Revenue Code.
(2) Community
											  relations director--The employee responsible for coordinating community relations functions, volunteer
											  programs, fund-raising, and donations at a facility.
(3)
											  Department--The Department of State Health Services.
(4)
											  Donation--A contribution of anything of value (for example, funds or in-kind goods and services) freely given
											  to a facility, an individual served, or a private organization. The term does not include funding under a
											  federal, state, private, or non-profit organization grant for which a facility has submitted a formal written
											  application and is subject to an agreement between the recipient and the donor relating to the use of the
											  grant.
(5) Employee--An individual who is legally employed or
											  contracted to perform work for the department.
(6) Facility--A
											  public health facility operated by the Department of State Health Services.
(7) Person served--A person receiving services from a facility.
(8) Private donor--A person or private organization that makes a donation
											  to a facility directly or through a volunteer services council.
(9) Volunteer and Community Relations Unit--Facility employees responsible
											  for promoting individual and community awareness, volunteerism, community collaborations, and
											  partnerships.
(10) Volunteer Services Council (VSC)--A 501(c)(3)
											  volunteer organization formed to generate resources for the benefit of a facility and persons
											  served.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter G - VOLUNTEER AND COMMUNITY ENGAGEMENT › Section 417.305 - Limitations on Private Donations

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may not accept a donation from a person who is a party to a
											  contested case before the department or the Texas Health and Human Services Commission until the 30th day
											  after the date the decision in the case becomes final. "Contested case" has the meaning assigned by Texas
											  Government Code, §
										2001.003.
(b) A private donor must not use an employee of the department or
											  department property except under a contract with the department or with approval of the head of the
											  facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter G - VOLUNTEER AND COMMUNITY ENGAGEMENT › Section 417.306 - Volunteer Services Council

Current through Reg. 49, No. 28; July 12, 2024
(a) A VSC may generate resources to enhance the lives of the persons served
											  at a facility.
(b) The community relations director and volunteer
											  and community relations unit may work with the VSC to enhance fund-raising activities.
(c) The head of the facility and community relations director are nonvoting
											  members of the VSC board and executive committee.
(d) The
											  community relations unit may process and issue receipts for donations to the VSC.
(e) No employee may sign a VSC check or use a VSC debit or credit
											  card.
(f) The volunteer and community relations unit may maintain
											  a VSC petty cash fund of up to $300.00 to be used for the benefit of persons served by a facility.
(1) The community relations director may make expenditures of up to $300.00
											  from the petty cash fund on behalf of the VSC for the benefit of persons served.
(2) The community relations director must appoint a primary and alternate
											  custodian for the VSC petty cash fund.
(3) The primary custodian
											  of the petty cash fund is responsible for maintaining receipts and accurate documentation of all funds
											  disbursed and for furnishing this documentation to the treasurer of the VSC.
(4) An officer of the VSC, or an employee outside of the community
											  relations unit, must reconcile the petty cash fund at least once every two months.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter K - ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES › Section 417.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to prescribe procedures:
(1) for effective reporting of allegations of abuse, neglect, and
											  exploitation;
(2) for ensuring the safety and protection of
											  persons served involved in allegations;
(3) for facilitating
											  Texas Department of Protective and Regulatory Services investigations of allegations;
(4) for facilitating peer review of allegations involving clinical
											  practice;
(5) for notifying appropriate licensing authorities and
											  other individuals regarding issues relating to an allegation;
(6)
											  for contesting the Adult Protective Services (APS) review of a finding of an investigation;
(7) for ensuring proper disciplinary action is taken; and
(8) for training staff in identifying, reporting, and preventing abuse,
											  neglect, and exploitation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter K - ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES › Section 417.502 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter apply to all facilities of the Texas Department of
											  Mental Health and Mental Retardation and their agents.
(b) All
											  facilities are responsible for amending their contracts to ensure contractors' compliance as specified in
											  §
										417.513 of this title (relating to
											  Contractors).
(c) This subchapter does not apply to:
(1) psychiatric hospitals licensed by the Texas Department of Health (TDH)
											  under Chapter 577 of the Texas Health and Safety Code; or
(2)
											  state-funded community hospitals, which are inpatient mental health facilities licensed by the Texas
											  Department of Health under the Texas Health and Safety Code, Chapter 242, or operated by a university health
											  system and exempted from licensure, that provides TDMHMR-funded inpatient mental health services pursuant to
											  a contract between TDMHMR and a local authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter K - ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES › Section 417.504 - Prohibition and Definitions of Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) Abuse, neglect, and exploitation
											  of any person served is prohibited.
(b) Consistent with Chapter
											  711 of Title 40 (concerning Investigations in TDMHMR Facilities and Related Programs), the terms "abuse,"
											  "neglect," and "exploitation" are defined as follows when the alleged perpetrator is an employee, agent,
											  contractor, or is unknown.
(1) Abuse is:
(A) physical abuse, which is:
(i) an act
											  or failure to act performed knowingly, recklessly, or intentionally, including incitement to act, which
											  caused or may have caused physical injury or death to a person served;
(ii) an act of inappropriate or excessive force or corporal punishment,
											  regardless of whether the act results in a physical injury to a person served; or
(iii) the use of chemical or bodily restraints on a person served not in
											  compliance with federal and state laws and regulations, including:
(I)
											  Chapter 405, Subchapter F of this title (concerning Voluntary and Involuntary Behavioral Interventions in
											  Mental Health Programs); and
(II) Chapter 405, Subchapter H of
											  this title (concerning Behavior Management--Facilities Serving Persons with Mental Retardation);
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter K - ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES › Section 417.505 - Reporting Responsibilities of All TDMHMR Employees, Agents, and Contractors: Reports to Texas Department of Protective and Regulatory Services (TDPRS)

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting suspected abuse, neglect, or
											  exploitation.
(1) Each employee/agent/contractor who suspects or has
											  knowledge that a person served is being abused, neglected, or exploited shall make a verbal report to TDPRS
											  immediately, if possible, but in no case more than one hour after suspicion or after learning of the
											  incident, by calling 1-800-647-7418.
(2) Each
											  employee/agent/contractor who suspects or has knowledge that a person served has been abused, neglected, or
											  exploited, including prior to admission, during an absence, or while in residence at the facility, shall make
											  a verbal report to TDPRS immediately, if possible, but in no case more than one hour after suspicion or after
											  learning of the incident, by calling 1-800-647-7418.
(3) If the
											  person making the allegation is not an employee/agent/contractor (e.g., a person served, a guest), staff
											  shall assist the person in making the report, if necessary.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter K - ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES › Section 417.507 - Prohibition Against Retaliatory Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Retaliatory action. Any employee/agent or any
											  individual affiliated with an employee/agent is prohibited from engaging in retaliatory action against a
											  person served, a family member of a person served, the guardian of a person served, the primary contact of a
											  person served, or an employee/agent who in good faith reports an allegation.
(1) Any person who believes he or she is being subjected to retaliatory
											  action upon reporting an allegation, or who believes an allegation has been ignored, should immediately
											  contact the head of the facility. The person may also contact:
(A) the
											  Office of Consumer Services and Rights Protection - Ombudsman at the dedicated toll-free number for
											  facilities at 1-800-252-8154; or
(B) the Office of the Attorney
											  General at 512/463-2185 (Consumer Protection Division) which, under the Whistleblower Act, Texas Civil
											  Statutes, Article 6252-16a, may prosecute a supervisor who suspends or terminates a public employee for
											  reporting a violation of law to law enforcement authorities.