Texas Administrative Code

After the time for filing exceptions and replies to exceptions expires, the hearings officer's proposal for decision will be considered by the Agency Chief and either adopted or modified and adopted. All final decisions or orders of the commission or the Agency Chief shall be in …

(a) The record in a contested case includes the matters listed in the APA, Government Code, § 2001.060. (b) Proceedings, or any part of them, shall be transcribed on written request of any party. The party requesting the proceeding to be transcribed shall make the initial payment…

(a) Commission action. A copy of the final decision or order shall be delivered or mailed to any party and to the attorney of record. (b) Recorded. All final decisions and orders shall be in writing. A final order shall include findings of fact and conclusions of law, separately …

(a) In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party within 20 days after the date the party representative is notified of the final decision or order. (b) Replies to a mo…

(a) A provision of a rule referring to the commission or the chairman, or a provision of a rule referring to the Agency Chief as the presiding officer, is construed to apply to the commission or chairman, if the matter is within the jurisdiction of the commission, or to the Agenc…

All official acts of the commission or the Agency Chief shall be evidenced by a recorded or written record. Official action of the commission or the Agency Chief shall not be bound or prejudiced by any informal statement or opinion made by any member of the commission, the Agency…

Reference is made to the following Texas laws, federal laws, departmental rules, and other standards: (1) Texas Department of Mental Health and Mental Retardation (Texas Health and Safety Code, Chapters 531-535); (2) Texas Mental Health Code (Texas Health and Safety Code, §§ 572.…

(a) The provisions of this subchapter shall be distributed to: (1) members of the Texas Board of Mental Health and Mental Retardation; (2) deputy commissioners, associate deputy commissioners, and assistant deputy commissioners of TXMHMR central office; (3) superintendents and di…

(a) Introduction And Legal Authority. The Texas Department of Mental Health and Mental Retardation (TDMHMR) and Texas Department of Human Services (TDHS) enter into a memorandum of understanding (MOU) in accordance with Texas Health and Safety Code (THSC), §533.044. The statute r…

(a) For the purpose of establishing a continuity of care system for offenders with mental illnesses or mental retardation, the Texas Department of Criminal Justice (TDCJ), the Texas Department of Mental Health and Mental Retardation (TDMHMR), local mental health and mental retard…

(a) Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts by reference a rule of the Texas Department of Human Services (TDHS) contained in 40 TAC § 72.104(relating to Memorandum of Understanding on Relocation Pilot Program). (b) The TDHS rule contains the text…

This subchapter references the following rules and statutes: (1) Texas Health and Safety Code, § 533.035 and § 534.067; (2) Omnibus Budget Reconciliation Act (OBRA) of 1987, as amended by OBRA 90; and (3) Section 401.464 of this title (relating to Notifications and Appeals Proces…

The following laws and rules are referenced in this subchapter: (1) Texas Health and Safety Code, Chapter 250, §533.007, §533.017, §533.035, §534.052. §534.055, §534.061, §534.065, and §534.066; (2) Tax Code, Chapter 171; (3) Texas Civil Statutes, Article 2.45; (4) Texas Governme…

The following statutes are referenced in this subchapter: (1) the Texas Health and Safety Code; (2) the Texas Code of Criminal Procedure; and (3) the Texas Family Code. Notes 25 Tex. Admin. Code § 414.414 The provisions of this §414.414 adopted to be effective August 31, 2004, 29…

The following documents were referenced in this subchapter: (1) 40 TAC §§ 76.101-76.106 and §94.11; (2) Texas Health and Safety Code, Chapters 250, 253, and 534, and §533.007 and §533.035; (3) Texas Government Code, § 411.115; and (4) Penal Code, Chapters 19-22, 25, 28-29, and 31…

The purpose of this subchapter is to implement § 48.255(c) of the Human Resources Code, which requires TDMHMR to develop joint rules with the Texas Department of Protective and Regulatory Services (TDPRS) to facilitate investigations in local authorities and community centers and…

(a) This subchapter applies to local authorities and community centers. However, local authorities and community centers that are Medicaid providers of a home and community-based services waiver program must comply with TDMHMR rules governing the home and community-based services…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) Abuse--For purposes of reporting allegations, the term is defined by the investigatory agency. For purposes of classifying allegations as …

(a) Promulgate and implement policies and procedures. Each local authority and community center shall promulgate and implement policies and procedures that meet the requirements of this section. (b) Prohibition of abuse, neglect, and exploitation. Each local authority, community …

(a) Each local authority and community center shall promulgate and implement policies and procedures that meet the requirements of this section. (b) As soon as possible, but no later than 24 hours following notification of an allegation by the investigatory agency, the administra…

(a) TDPRS submits a copy of the investigative report to the administrator or contractor CEO or both in accordance with Chapter 711 of Title 40 (relating to Investigations in TDMHMR Facilities and Related Programs). (b) The administrator or contractor CEO may not change a confirme…

(a) Each local authority and community center shall promulgate and implement policies and procedures that meet the requirements of this section. (b) Administrators and contractor CEOs must take appropriate disciplinary or other action in confirmed cases of abuse, neglect, and exp…

If the perpetrator or alleged perpetrator is an employee or agent of a local authority, community center, or contractor, or the perpetrator is unknown, then the administrator shall ensure that a Client Abuse and Neglect Reporting form (AN-1-A) is completed within 14 calendar days…

(a) The reports, records, and working papers used by or developed in the investigative process by an investigatory agency, and the investigatory agency's resulting investigative report, are confidential and may be disclosed only as allowed by law or rule. (b) Upon request, the ad…

(a) Each local authority, community center, and contractor shall ensure that all employees and agents demonstrate a thorough understanding of the relevant elements of reporting, investigating, and preventing abuse, neglect, and exploitation, before contact with persons served and…

The Office of Consumer Services and Rights Protection - Ombudsman in TDMHMR's Central Office is responsible for the maintenance of systems that provide statistical trends in abuse, neglect, and exploitation in local authorities and community centers. Notes 25 Tex. Admin. Code § 4…

The following exhibits are referenced in this subchapter: (1) Exhibit A--CANRS Definitions; (2) Exhibit B--"Guidelines for Securing Evidence"; (3) Exhibit C--a copy of the Texas Civil Practice and Remedies Code, § 81.001 and § 81.006; (4) Exhibit D--CANRS Classifications; (5) Exh…

Reference is made to the following statutes and rules: (1) Texas Health and Safety Code, Chapter 534, Subchapter A, and §533.035(a); (2) Texas Civil Practices and Remedies Code, Chapter 81; (3) Human Resources Code, § 48.255(c); (4) 42 USC §10805, § 10806, and § 6042(a)(2)(I); an…

(a) This subchapter shall be distributed to: (1) members of the Texas MHMR Board; (2) investigatory agencies; (3) executive, management, and program staff of Central Office; (4) administrators of all local authorities and community centers; and (5) advocacy organizations. (b) Eac…

The following statutes and TDMHMR rules are referenced in this subchapter: (1) Texas Administrative Code, Title 25, Part II, Chapter 414, Subchapter I, relating to Consent to Treatment with Psychoactive Medications - Mental Health Services; and (2) Texas Administrative Code Title…

This subchapter is distributed to: (1) all members of the Texas Mental Health and Mental Retardation Board; (2) executive, management, and program staff of Central Office; (3) CEOs and medical directors of all facilities and LAs; (4) advocacy organizations; and (5) any person on …

The standard of care for psychoactive medication use in patients should not vary according to service setting. The variations in treatment should be individualized according to patient needs. Notes 25 Tex. Admin. Code § 415.4 The provisions of this §415.4 adopted to be effective …

(a) Informed consent for treatment with a psychoactive medication will be obtained in accordance with the provisions of Chapter 414, Subchapter I of this title (relating to Consent to Treatment with Psychoactive Medication - Mental Health Facilities) or Chapter 405, Subchapter I …

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 …

(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 …

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 (…

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 …

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)…

(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 …

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 comp…

(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 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 be…

(a) If the allegation involves the actions of a physician, dentist, pharmacist, registered nurse, or licensed vocational nurse, then a determination of whether the allegation involves the clinical practice, as defined in § 417.503 of this title (relating to Definitions), of the p…

TDMHMR will implement systems to ensure that: (1) former employees with confirmed Class I Abuse and former employees who were dismissed because of confirmed abuse or neglect and whose dismissal is upheld at a grievance hearing or who fail to request a grievance hearing are not el…

The following exhibits referenced in this subchapter are available from the Texas Department of Mental Health and Mental Retardation, Office of Policy Development, P.O. Box 12668, Austin, TX 78711-2668. (1) Exhibit A--Texas Civil Practice and Remedies Code, § 81.001 and § 81.006;…

Reference is made to the following statutes, rules, and TDMHMR operating instructions: (1) Texas Health and Safety Code, Chapters 242, 481, and 577; (2) Probate Code, Chapter 13; (3) Whistleblower Act, Texas Civil Statutes, Article 6252-16a; (4) Texas Penal Code, §§ 22.011, 22.02…

(a) This subchapter will be distributed to: (1) members of the Texas Mental Health and Mental Retardation Board; (2) members of the Board of the Texas Department of Protective and Regulatory Services; (3) Central Office executive, management, and program staff; (4) the head of ea…

(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 assign…

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 servi…

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 …