TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 169. ZOONOSIS CONTROL

Subchapter E. DOG AND CAT STERILIZATION

25 TAC §169.101

The Texas Department of Health (department) proposes an amendment to §169.101 concerning the Animal Friendly Advisory Committee (committee). The committee provides advice to the Texas Board of Health (board) on the dispensing of grant money in the animal friendly account. The committee is governed by the Health and Safety Code, §828.014.

In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the Government Code, Chapter 2110) which requires that each state agency adopt rules on advisory committees. The rules must state the purpose and tasks of the committee, describe the manner in which the committee will report to the agency, and establish a date on which the committee will be automatically abolished unless the governing body of the agency affirmatively votes to continue the committee's existence.

In 1998, the board established a rule relating to the Animal Friendly Advisory Committee. The rule states that the committee will automatically be abolished on September 1, 2001. The board has now reviewed and evaluated the committee and has determined that the committee should continue in existence until September 1, 2005.

This section amends provisions relating to the operation of the committee. Specifically, language is revised to reflect a change in the applicable law from the Texas Civil Statutes to the Government Code; to clarify that, according to statute, the committee makes recommendations to the department regarding applications for grants funded through the animal friendly account; to continue the committee until September 1, 2005; to change the term of office for committee members to four years expiring on alternating even-numbered years; to change the process for filling vacancies in the offices of presiding officer and assistant presiding officer; to clarify how the committee will conduct meetings in accordance with the Open Meetings Act; and to clarify that the committee must prepare an annual report to the board.

Jacquelyn McDonald, Director of the Office of the Board of Health, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications for state and local government as a result of amending the section as proposed. There will be no costs to small business or micro-business resulting from compliance with this section, as this section addresses only continuance of the committee and terms of office. There are no anticipated economic costs to persons who are required to comply with the section proposed. There is no anticipated impact on local employment.

Ms. McDonald has also determined that for each of the first five years the section is in effect, the public benefit anticipated as a result of amending the section will be to provide a continuance of the committee, and to create a greater continuity of work due to the staggered terms of office.

Comments on the proposed section may be submitted to Jacquelyn McDonald, Director, Office of the Board of Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)458-7484. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

The amendment is proposed under Health and Safety Code, §828.015, Animal Friendly Advisory Committee, which requires that the commissioner of health establish an advisory committee; §12.001 which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health; and Government Code §2110.005 which requires the department to adopt rules stating the purpose and tasks of its advisory committees.

The amendment affects Health and Safety Code, Chapter 828.

§169.101.Animal Friendly Advisory Committee.

(a) The committee. An advisory committee shall be appointed under and governed by this section.

(1) (No change.)

(2) The committee is required to be established by the commissioner of health (commissioner) by the Texas Health and Safety Code, § [ Chapter ] 828.015, Dog and Cat Sterilization.

(b) Applicable law. The committee is subject to Government Code, Chapter 2110, relating to [ Texas Civil Statutes, Article 6252-33 concerning ] state agency advisory committees.

(c) Purpose. The purpose of the committee is to provide advice to the Texas Board of Health (board) on the dispensing of grant money in the animal friendly [ license plates ] account.

(d) Tasks.

(1)-(2) (No change.)

(3) The committee shall review and make recommendations to the Texas Department of Health (department) [ board ] on applications submitted to the department [ Texas Department of Health (department) ] for grants funded with money credited to the animal friendly account.

(e) Review and duration. By September 1, 2005, [ September 1, 2001, ] the commissioner will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

(f) (No change.)

(g) Terms of office. The term of office of each member shall be four [ two ] years.

(1) Members shall be appointed for staggered terms expiring [ so that the terms of four members expire ] on January 31 of each even-numbered [ odd-numbered ] year [ and the terms of the remaining members expire on January 31 of each even-numbered year ].

(2) Those members whose terms expire on January 31, 2003, will be extended to January 31, 2004.

(3) [ (2) ] If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that term.

(h) Officers. The commissioner shall designate one member as presiding officer of the committee and one other member as the assistant presiding officer.

(1)-(3) (No change.)

(4) If the office of assistant presiding officer becomes vacant, it may be filled temporarily by vote of the committee until a successor is appointed by the commissioner. [ In the event of a vacancy in the offices of presiding officer or assistant presiding officer, the commissioner shall appoint a member to preside for the remainder of the term. ]

(5)-(6) (No change.)

(7) The presiding officer and assistant presiding officer serving on January 1, will continue to serve until the commissioner appoints their successors.

(i) Meetings. The committee shall meet only as necessary to conduct committee business.

(1)-(2) (No change.)

(3) The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception that the provisions allowing executive sessions shall not apply. [ Each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551. ]

(4)-(7) (No change.)

(j)-(n) (No change.)

(o) Reports to board. The committee shall file an annual written report with the board [ commissioner ].

(1)-(3) (No change.)

(p) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 16, 2001.

TRD-200104100

Susan Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: September 2, 2001

For further information, please call: (512) 458-7236


Part 2. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Chapter 411. STATE AUTHORITY RESPONSIBILITIES

Subchapter H. INTERSTATE TRANSFER

25 TAC §§411.351 - 411.362

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Mental Health and Mental Retardation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes the repeals of §§411.351 - 411.362 of Chapter 411, Subchapter H, concerning interstate transfer. New §§411.351 - 411.362 of Chapter 411, Subchapter H, concerning the same, which would replace the repealed sections, are contemporaneously proposed in this issue of the Texas Register .

The repeals would allow for the adoption of new sections governing the same matters.

Cindy Brown, Chief Financial Officer, has determined that for each year of the first five years the proposed repeals are in effect, the proposed repeals do not have foreseeable significant implications relating to cost or revenue of the state or local governments.

Kenny Dudley, Director, State Mental Health Facilities, has determined that, for each year of the first five years the proposed repeals are in effect, the public benefit expected as a result of the adoption of the new rules is the provision of clear and concise information regarding the interstate transfer of persons with mental illness and mental retardation. It is anticipated that there would be no economic cost to persons required to comply with the proposed repeals.

It is anticipated that the proposed repeals will not affect a local economy.

It is anticipated that the proposed repeals will not have an adverse economic effect on small businesses or micro businesses because new rules, which would not significantly alter requirements for small business or micro businesses, are proposed to replace the repealed rules.

Written comments on the proposal may be sent to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.

These sections are proposed for repeal under the Texas Health and Safety Code, §532.015(a), which provides the Texas Mental Health and Mental Retardation Board with broad rulemaking authority, and the Interstate Compact on Mental Health, Texas Health and Safety Code, Chapter 612, which authorizes the adoption of rules to carry out the compact more effectively.

The proposed repeals would affect the Texas Health and Safety Code, Chapter 612, §571.008, and §533.011.

§411.351.Purpose.

§411.352.Application.

§411.353.Definitions.

§411.354.Prerequisite for Transfer.

§411.355.Legal Basis for Institutionalization.

§411.356.Coordinating Requests for Interstate Transfer.

§411.357.Requests for Persons with Mental Retardation To Be Transferred from Texas.

§411.358.Requests for Persons with Mental Illness To Be Transferred from Texas.

§411.359.Requests for Persons with Mental Retardation To Transfer to Texas.

§411.360.Requests for Persons with Mental Illness To Transfer to Texas.

§411.361.Exhibits.

§411.362.References.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 19, 2001.

TRD-200104178

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Earliest possible date of adoption: September 2, 2001

For further information, please call: (512) 206-5216


25 TAC §§411.351 - 411.362

The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes new §§411.351 - 411.362 of Chapter 411, Subchapter H, concerning interstate transfer. Existing §§411.351 - 411.362 of Chapter 411, Subchapter H, concerning the same, which the new sections would replace, are contemporaneously proposed for repeal in this issue of the Texas Register .

The subchapter would describe the procedures for transferring persons with mental retardation and mental illness between a TDMHMR facility and other states. The procedures contained in the subchapter comply with state statute; reflect current practice which as been determined to be an effective, efficient, and compassionate manner of interstate transfer; and facilitate coordination with other states that are parties to the Interstate Compact on Mental Health as well as the five state that are not parties to the compact.

A key difference between the proposed new sections and the sections proposed for repeal is that the prerequisite for transfer in the proposed new sections allows the legally authorized representative of the person to be transferred to be living in the state of proposed transfer, rather than to be a resident of the state. The proposed new sections also state that voluntary admission to a TDMHMR mental health and mental retardation facility is accomplished in accordance with applicable rules.

Cindy Brown, Chief Financial Officer, has determined that for each year of the first five years the proposed new rules are in effect, enforcing or administering the rules does not have foreseeable significant implications relating to cost or revenue of the state or local governments because the proposed new rules are not significantly different from the rules proposed for repeal.

Kenny Dudley, Director, State Mental Health Facilities, has determined that, for each year of the first five years the proposed new rules are in effect, the public benefit expected is the provision of clear and concise information regarding the interstate transfer of persons with mental illness and mental retardation. It is anticipated that there would be no additional economic cost to persons required to comply with the proposed rules because they do not impose additional requirements on such persons.

It is anticipated that the proposed new rules will not affect a local economy because the rules do not significantly alter the requirements contained in the rules proposed for repeal, which did not affect a local economy.

It is anticipated that the proposed new rules will not have an adverse economic effect on small businesses or micro-businesses because the rules do not significantly alter the requirements contained in the rules proposed for repeal.

Written comments on the proposal may be sent to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.

These sections are proposed under the Texas Health and Safety Code, §532.015(a), which provides the Texas Mental Health and Mental Retardation Board with broad rulemaking authority, and the Interstate Compact on Mental Health, Texas Health and Safety Code, Chapter 612, which authorizes the adoption of rules to carry out the compact more effectively.

These proposed sections would affect the Texas Health and Safety Code, Chapter 612, §571.008, and §533.011.

§411.351.Purpose.

The purpose of this subchapter is to implement Texas laws authorizing the transfer of persons with mental retardation and mental illness between Texas and other states.

§411.352.Application.

This subchapter applies to the Texas Department of Mental Health and Mental Retardation and all of its facilities and local authorities.

§411.353.Definitions.

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Family member--The person's spouse, parent, sibling, adult child, or any individual the person identifies as playing a significant role in the person's life.

(2) Informed consent--The knowing agreement of the person or the person's legally authorized representative (LAR) to a proposed transfer, given under the person's or LAR's ability to exercise free power of choice without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion.

(3) Interstate compact coordinator (ICC)--The employee at TDMHMR's Central Office responsible for coordinating interstate transfers.

(4) Legally authorized representative (LAR)--An individual authorized by law to act on behalf of a person with regard to a matter described in this subchapter, and who may include a parent. guardian, or managing conservator of a child or adolescent, or a guardian of a person who is an adult.

(5) Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and Safety Code, §533.035(a).

(6) Person--The individual for whom interstate transfer is requested.

(7) State mental health facility--A state hospital or a state center with an inpatient component that is operated by TDMHMR.

(8) State mental retardation facility--A state school or a state center with a mental retardation residential component that is operated by TDMHMR.

(9) TDMHMR--The Texas Department of Mental Health and Mental Retardation.

(10) TDMHMR facility--A state mental health facility or a state mental retardation facility.

(11) Transfer--The importation or deportation of a person under the provisions of the Texas Mental Health Code, Texas Health and Safety Code, Title 7, §571.008; the Texas Mental Health and Mental Retardation Act, Texas Health and Safety Code, Title 7, §533.011 and §533.014(a)(3); or the Interstate Compact on Mental Health, Texas Health and Safety Code, Title 7, Chapter 612.

§411.354.Prerequisite for Transfer.

(a) To transfer a person to another state from a TDMHMR facility:

(1) the person must be a resident or former resident of the receiving state;

(2) the person's LAR must be living in the receiving state; or

(3) the person must have a family member, who plays or who will play a significant role in the person's life, living in the receiving state.

(b) To transfer a person from an institution in another state to a TDMHMR facility:

(1) the person must be a resident of Texas;

(2) the person's LAR must be living in Texas; or

(3) the person must have a family member, who plays or who will play a significant role in the person's life, living in Texas.

§411.355.Legal Basis for Institutionalization.

(a) Persons with mental illness or mental retardation who are involuntarily committed by another state and who are transferred to Texas may be detained for a period not to exceed 96 hours. Detention in excess of 96 hours may only be in accordance with:

(1) a voluntary admission to a Texas facility;

(2) a commitment order of a Texas court; or

(3) an order of protective custody.

(b) An appropriate court in the county of a state mental health facility or local authority's location is authorized to conduct commitment proceedings of persons transferred to the state mental health facility or local authority from another state.

(c) Court commitments of persons with mental retardation to a state mental retardation facility are accomplished in accordance with the Texas Health and Safety Code, §593.041 and §593.052.

(d) Voluntary admission of a person with mental retardation to a state mental retardation facility is accomplished in accordance with Chapter 412, Subchapter F of this title (relating to Continuity of Services--State Mental Retardation Facilities).

(e) Voluntary admission of a person with mental illness to a state mental health facility is accomplished in accordance with Chapter 402, Subchapter A of this title (relating to Admissions, Transfers, Absences, and Discharges--Mental Health Facilities).

§411.356.Coordinating Requests for Interstate Transfer.

All requests for interstate transfer are coordinated by the Interstate Compact Coordinator (ICC), Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668. The ICC does not discriminate against any person or individual on the grounds of race, color, national origin, religion, sex, age, disability, or political affiliation.

§411.357.Requests for Persons with Mental Retardation To Be Transferred from Texas.

(a) Requests for interstate transfer may be initiated by the person, a family member of the person, or the person's LAR. Regardless of who initiates the request for transfer, the preferences of the adult person who has not been adjudicated incompetent prevail.

(b) In response to a transfer request, the TDMHMR facility in which the person resides is responsible for obtaining informed consent to the transfer from the person or the person's LAR and completing the "Consent to Interstate Transfer and to Release Confidential Information" form and the "Request for Interstate Transfer" form, which are referenced as Exhibits A and B, respectively in §411.361 of this title (relating to Exhibits).

(c) The TDMHMR facility forwards to the ICC:

(1) documentation of the person's prerequisite for transfer to the receiving state, in accordance with §411.354(a) of this title (relating to Prerequisite for Transfer);

(2) documentation of staff's discussion with the person regarding the proposed transfer and/or if appropriate documentation of staff's contact with the person's family, friends, or other available sources in ascertaining whether the transfer is in the person's best interest;

(3) the completed "Consent to Interstate Transfer and to Release Confidential Information" form;

(4) the completed "Request for Interstate Transfer" form;

(5) a copy of the person's diagnosis of mental retardation;

(6) a copy of the person's comprehensive medical history, including any medical evaluations, current physician's orders, and list of current medications;

(7) a summary of the person's social history, including a copy of any psychological evaluations;

(8) documentation that committing court has been notified of the proposed transfer, if applicable;

(9) copies of the person's current individual habilitation plan and annual planning conference documents;

(10) guardianship or other legal documentation pertaining to the individual requesting transfer; and

(11) a brief cover letter signed by the TDMHMR facility chief executive officer or designee stating the circumstances or reasons for requesting the transfer.

(d) While the request for transfer is pending, the TDMHMR facility is responsible for informing the ICC of any changes in the person's status, the request, or of anything that would affect the transfer request.

(e) Upon receipt of the elements described in subsection (c) of this section, the ICC contacts the receiving state and makes a reasonable effort to obtain authorization for the transfer.

(f) If the receiving state decides to accept the person for immediate transfer, then the TDMHMR facility shall:

(1) make all travel arrangements, choosing the most comfortable and expeditious mode of travel that is acceptable to the person being transferred and/or the LAR;

(2) be responsible for all transfer expenses;

(3) ensure that arrangements are made for an escort or escorts to accompany and assist the person in reaching the final destination;

(4) ensure that the following items accompany the person upon transfer to the receiving state:

(A) a copy of the person's birth certificate or appropriate substitute;

(B) all legal documents;

(C) the person's Social Security card;

(D) a copy of the person's immunization record;

(E) a copy of the person's weight and height record;

(F) a copy of the person's seizure record, if appropriate;

(G) a copy of the person's treatment and diet record;

(H) Medicaid, Medicare, or third-party insurance cards, if available;

(I) a copy of the person's current nursing care plan;

(J) a summary of the person's medical history, including all major surgeries, and significant acute illnesses and injuries requiring hospitalization or long recovery period;

(K) a summary of the person's medication history, including start/stop dates and dose ranges, effectiveness of all long-term medications, and antibiotic use including dates, effectiveness, sensitivities, and allergies;

(L) a summary of the person's dental history, including all oral surgeries, extractions, restorations, appliances, and types of anesthesia required for dental work;

(M) copies of all the person's laboratory reports of exams conducted within the past 30 days and any additional significant reports made within the past year (including, X-ray, EEG, and EKG);

(N) all personal belongings;

(O) transfer program summary; and

(P) the previously agreed-upon supply of all prescribed medication, not to exceed a 14-day supply; and

(5) inform the ICC in writing within 14 days after the transfer is complete.

(g) The ICC ensures that all authorized parties are informed of the progress made on the transfer request as allowed by the signed "Consent to Interstate Transfer and to Release Confidential Information" form.

§411.358.Requests for Persons with Mental Illness To Be Transferred from Texas.

(a) Requests for interstate transfer may be initiated by the person, a family member of the person, or the person's LAR. Regardless of who initiates the request for transfer, the preferences of the adult person who has not been adjudicated incompetent prevails.

(b) In response to a transfer request, the TDMHMR facility in which the person resides is responsible for obtaining informed consent to the transfer from the person or the person's LAR and completing the "Consent to Interstate Transfer and to Release Confidential Information" form and the "Request for Interstate Transfer" form, which are referenced as Exhibits A and B, respectively in §411.361 of this title (relating to Exhibits).

(c) The TDMHMR facility forwards to the ICC:

(1) documentation of the person's prerequisite for transfer to the receiving state, in accordance with §411.354(a) of this title (relating to Prerequisite for Transfer);

(2) documentation of staff's discussion with the person regarding the proposed transfer and documentation of staff's contact with the person's family, friends, or other available sources in ascertaining whether the transfer would be in the person's best interest;

(3) the completed "Consent to Interstate Transfer and to Release Confidential Information" form;

(4) the completed "Request for Interstate Transfer" form;

(5) a copy of the person's diagnosis of mental illness;

(6) a copy of the person's comprehensive medical history, including any medical evaluations, current physician's orders, and list of current medications;

(7) a summary of the person's social history and history of mental illness, including a copy of any psychiatric or psychological evaluations;

(8) documentation of approval to transfer from the committing court, as required by the Texas Health and Safety Code, §612.007(b);

(9) guardianship or other legal documentation pertaining to the individual requesting transfer; and

(10) a brief cover letter signed by the TDMHMR facility chief executive officer or designee stating the circumstances or reasons for requesting the transfer.

(d) While the request for transfer is pending, the TDMHMR facility is responsible for informing the ICC of any changes in the person's status, the request, or of anything that would affect the transfer request.

(e) Upon receipt of the elements described in subsection (c) of this section, the ICC contacts the receiving state and makes a reasonable effort to obtain authorization for the transfer.

(f) If the receiving state decides to accept the person for immediate transfer, the TDMHMR facility shall:

(1) make all travel arrangements, choosing the most comfortable and expeditious mode of travel acceptable to the person being transferred;

(2) be responsible for all transfer expenses;

(3) ensure arrangements are made for an escort or escorts to accompany and assist the person in reaching the final destination;

(4) ensure that the following items accompany the person upon transfer to the receiving state:

(A) all legal and other documents, as appropriate;

(B) copies of all the person's laboratory reports of exams conducted within the past 30 days and any additional significant reports made within the past year;

(C) all personal belongings; and

(D) the previously agreed-upon supply of all prescribed medication, not to exceed a 14-day supply; and

(5) inform the ICC in writing within 14 days after the transfer is complete.

(g) The ICC ensures that all authorized parties are informed of the progress made on the transfer request as allowed by the signed "Consent to Interstate Transfer and to Release Confidential Information" form.

§411.359.Requests for Persons with Mental Retardation to Transfer to Texas.

(a) A letter of request for transfer of a person to a TDMHMR facility, which is initiated by the person, a family member of the person, or the person's LAR, is sent by the requesting state's Interstate Compact Coordinator or designee to the ICC, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668. The letter of request must be accompanied by:

(1) documentation of the person's prerequisite for transfer to Texas, in accordance with §411.354(b) of this title (relating to Prerequisite for Transfer);

(2) a consent to the release of records to TDMHMR, signed by the person or the person's LAR;

(3) the completed "Request for Interstate Transfer" form, referenced as Exhibit B in §411.361 of this title (relating to Exhibits);

(4) a copy of the person's immunization record;

(5) a copy of the person's Social Security card;

(6) a copy of the person's birth certificate or appropriate substitute;

(7) a copy of the person's diagnosis of mental retardation;

(8) a copy of the person's comprehensive medical history, including any medical evaluations, current physician's orders, and list of current medications;

(9) a summary of the person's social history, including a copy of any psychological evaluations;

(10) documentation that committing court has been notified of the proposed transfer, if applicable;

(11) copies of the person's current individual habilitation plan and annual planning conference documents;

(12) guardianship or other legal documentation pertaining to the individual requesting transfer; and

(13) a brief cover letter signed by the institution's chief executive officer or designee stating the circumstances or reasons for requesting the transfer.

(b) Upon receipt of the letter of request, the ICC reviews the documents and consults with the appropriate local authority, who consults with the appropriate TDMHMR facility, to determine whether the person is eligible for admission to the facility.

(c) The ICC refers disputes relating to the benefit derived from a proposed transfer and clinical issues relating to eligibility for admission to a TDMHMR facility to the director of state mental retardation facilities at TDMHMR's Central Office for resolution.

(d) If the person is determined eligible for admission to a TDMHMR facility, then the person is referred to the appropriate local authority who arranges for the person's name to be placed on the register of the appropriate facility. The ICC notifies the sending state of TDMHMR's action regarding the request for transfer and supplies necessary transfer information.

(e) If the person is determined ineligible for admission to a TDMHMR facility, then the ICC notifies the requesting state of such ineligibility. The ICC also notifies the requesting state of the person's right to provide additional information to be considered in redetermining eligibility if the person believes that incomplete or inaccurate information was used to determine ineligibility.

(f) The ICC ensures that all authorized parties are informed of the progress made on the transfer request as allowed by the signed consent to release confidential information document or in accordance with law.

§411.360.Requests for Persons with Mental Illness to Transfer to Texas.

(a) A letter of request for transfer of a person to a TDMHMR facility, which is initiated by the person, a family member of the person, or the person's LAR, is sent by the requesting state's Interstate Compact Coordinator or designee to the ICC, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668. The letter of request must be accompanied by:

(1) documentation of the person's prerequisite for transfer to Texas, in accordance with §411.354(b) of this title (relating to Prerequisite for Transfer);

(2) a consent to the release of records to TDMHMR, signed by the person or the person's LAR;

(3) the completed "Request for Interstate Transfer" form, referenced as Exhibit B in §411.361 of this title (relating to Exhibits);

(4) a copy of the person's immunization record;

(5) a copy of the person's Social Security card;

(6) a copy of the person's birth certificate or appropriate substitute;

(7) a copy of the person's diagnosis of mental illness;

(8) a copy of the person's comprehensive medical history, including any medical evaluations, current physician's orders, and list of current medications;

(9) a summary of the person's social history and history of mental illness, including a copy of any psychiatric or psychological evaluations;

(10) documentation of approval to transfer from the committing court, if required;

(11) guardianship or other legal documentation pertaining to the individual requesting transfer; and

(12) a brief cover letter signed by the institution's chief executive officer or designee stating the circumstances or reasons for requesting the transfer.

(b) Upon receipt of the letter of request, the ICC reviews the documents and consults with the appropriate local authority, who consults with the appropriate TDMHMR facility, to determine whether the person is eligible for admission to the facility.

(c) The ICC refers disputes relating to the benefit derived from a proposed transfer and clinical issues relating to eligibility for admission to a TDMHMR facility to the director of state mental health facilities at TDMHMR's Central Office for resolution.

(d) If the person is determined eligible for admission to a TDMHMR facility, then the person is referred to the appropriate local authority who arranges for the person's name to be placed on the register of the appropriate facility. The ICC notifies the sending state of TDMHMR's action regarding the request for transfer and supplies necessary transfer information.

(e) If the person is determined ineligible for admission to a TDMHMR facility, then the ICC notifies the requesting state of such ineligibility. The ICC also notifies the requesting state of the person's right to provide additional information to be considered in redetermining eligibility if the person believes that incomplete or inaccurate information was used to determine ineligibility.

(f) The ICC ensures that all authorized parties are informed of the progress made on the transfer request as allowed by the signed consent to release confidential information document or in accordance with law.

§411.361.Exhibits.

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, Texas 78711-2668.

(1) Exhibit A--"Consent to Interstate Transfer and to Release Confidential Information"; and

(2) Exhibit B--"Request for Interstate Transfer."

§411.362.References.

Reference is made to the following statutes and rules:

(1) Texas Health and Safety Code, §§533.011, 533.014, 533.035, 571.008, 593.041, 593.052, and Chapter 612;

(2) Chapter 412, Subchapter F of this title (relating to Continuity of Services--State Mental Retardation Facilities); and

(3) Chapter 402, Subchapter A of this title (relating to Admissions, Transfers, Absences, and Discharges--Mental Health Facilities).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 19, 2001.

TRD-200104177

Andrew Hardin

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Earliest possible date of adoption: September 2, 2001

For further information, please call: (512) 206-5216