Texas Register, Volume 20, Number 59, Pages 5959-6041, August 8, 1995 Page: 6,001
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(f) An individual may only be
transferred to the Maximum Security Unit
of Vernon State Hospital if the facility re-
view board makes a determination that the
individual's current behavior is manifestly
dangerous. Such a determination may only
be made if the evidence indicates that:
(1) the individual is receiving
appropriate treatment, including treatment
targeted to addressing the individual's dan-
gerousness; and
(2) the individual requires a
maximum security environment to continue
treatment and ensure public safety.
(g) The facility review board's
written report of the determination will be
submitted to the facility CEO and a copy
filed in the permanent clinical record of the
individual.
(1) A determination that an indi-
vidual is manifestly dangerous requires a
unanimous vote.
(2) If a decision of the facility
review board is not unanimous, any mem-
ber of the facility review board may prepare
a written dissent, stating the reason for such
dissent. Dissents will be filed in the perma-
nent clinical record of the individual, and a
copy will be provided to the facility CEO,
the facility review board chair, and the
commissioner.
(h) If, while awaiting transfer, it be-
comes apparent that the individual is no
longer manifestly dangerous, the facility re-
view board must be reconvened in accord-
ance with the procedures in this section.
(i) Facility review board hearings,
with the exception of final deliberations,
must be tape-recorded or otherwise re-
corded, with the recording made a part of
the individual's medical record.
402.77. Procedures. for the Determination
of Manifest Dangerousness by the
TDMHMR Dangerousness Review Board.
(a) The TDMHMR Dangerousness
Review Board must meet at least once each
month to conduct reviews as mandated by
the Texas Code of Criminal Procedure, Ar-
ticle 46.02, 8(a) and Article 46.03. 4(b).
Additional meetings may be requested by
the facility CEO.
(1) Within 60 days of admission
or transfer to the Maximum Security Unit of
Vernon State Hospital, each individual must
be reviewed by the Review Board for the
determination of manifest dangerousness as
required by the Texas Code of Criminal
Procedure, Article 46.02, 8(a), and Article
46.03. 4(b).
(2) Each individual must be re-
viewed at least every six months thereafter.(3) An individual may be re-
ferred for review earlier than that by show-
ing good cause, if approved by the CEO of
Vernon State Hospital. For the purposes of
this subsection, good cause is defined as
sufficient change in condition to be deemed
as not manifestly dangerous by the individ-
ual's physician and treatment team or by an
independent evaluator.
(b) At least fourteen days before a
scheduled monthly meeting, the CEO of
Vernon State Hospital must provide the
chair of the TDMHMR Dangerousness Re-
view Board with:
(1) a list of individuals to be
reviewed by the board; and
(2) pertinent clinical, social, and
legal data of each individual on the list
(c) At least seven days before a
scheduled monthly meeting, the appropriate
physician and treatment team or independ-
ent evaluator shall provide to the
TDMHMR Dangerousness Review Board
for each individual being reviewed a com-
prehensive individual assessment of risk for
the occurrence of manifestly dangerous
behaviors utilizing the Directions for Com-
pihng a Comprehensive Individual Assess-
ment of Risk for the Occurrence of
Manifestly Dangerous Behaviors, and other
materials as appropriate.
(1) If the physician and treat-
ment team of an individual or an independ-
ent evaluator recommend transfer from
Vernon State Hospital to a less secure men-
tal health facility because the individual's
dangerousness is sufficiently in remission,
then the physician and treatment team or
independent evaluator must also provide an
assessment and attestation of the availability
of effective treatment in a less secured set-
ting.
(2) The assessment must include
an analysis of the level of external controls
needed to ensure the continuity of safe and
effective treatment and the type of mental
health commitment needed to support these.
(d) At least seven days before a
hearing is held, the TDMHMR Dangerous-
ness Review Board chair must provide no-
tice of a manifest dangerousness review
hearing using the "TDMHMR Dangerous-
ness Review Board Notice of Hearing"
form, which is herein adopted by reference,
copies of which are available from the
Texas Department of Mental Health and
Mental Retardation, P.O. Box 12668,
Austin, Texas 78711-2668. A copy of the
form must be filed in the permanent clinical
record of the individual. Notice must be
sent to:
(1) the individual and/or legal
guardian, if any;
(2) the individual's repre-
sentative, if any; and(3) with the consent of the indi-
vidual or his or her legal guardian, the
individual's parents, spouse, or other appro-
priate relative.
(e) During the hearing, the
TDMHMR Dangerousness Review Board
must,
(1) review all pertinent and rele-
vant information provided about the indi-
vidual; and
(2) conduct a personal interview
of the individual, unless the individual re-
fuses to be interviewed
(f) Only TDMHMR Dangerousness
Review Board members and the individual
and his or her guardian and/or repre-
sentative may participate in the hearing or
interview. This does not preclude the Re-
view Board from requesting that persons
attend part of the proceedings to provide
testimony or technical assistance
(g) Only TDMIIlMR Dangerousness
Review Board members participate in its
final deliberations
(1) If during deliberations the
Review Board determines that it requires
additional information, it may cease deliber-
ating and reopen the hearing
(2) The individual and his or her
guardian and/or representative must be al-
lowed to attend and participate in the re-
opened hearing.
(h) Based upon the information
gathered from subsection (e) of this section,
the TDMHMR Dangerousness Review
Board will determine whether or not each
individual reviewed is manifestly danger-
ous A written report of each determination,
including reasons for the determination,
must be submitted to the CEO of Vernon
State Hospital and a copy filed in the per-
manent clinical record of the individual
(1) A determination that an indi-
vidual is not manifestly dangerous requires
a unanimous vote.
(2) If a decision of the board is
not unanimous, any member may prepare a
written dissent, stating the reason for such
dissent The dissent must be filed in the
permanent clinical record of the individual
and a copy provided to the CEO of Vernon
State Hospital and the Review Board chair.
(i) If the Review Board
determines that an individual is manifestly
dangerous, then the individual must remain
at the Maximum Security Unit at Vernon
State Hospital for continued treatment.
(j) If the Review Board determines
that an individual is not manifestly danger-
ous, then the individual must, within 30
days of the determination, be transferred to
a less secure mental health facility recom-* PROPOSED RULES August 8, 1995 20 TexReg 6001
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 20, Number 59, Pages 5959-6041, August 8, 1995, periodical, August 8, 1995; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176798/m1/43/?q=%22~1~1~1%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.