26 Tex. Admin. Code § 904.39
Criteria for Admission of an Adult or a Minor to a State MR Facility for Respite Care Under the PMRA
Effective Jan 1, 200125 TexReg 12746Source 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.Texas Secretary of State
(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.