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613 VICTORIA LANE

HARLINGEN, TX 78550

PATIENT RIGHTS: INFORMED CONSENT

Tag No.: A0131

Based on record review and interview, the facility failed to ensure that one of one involuntary patients (Patient #1) was discharged or a court order obtained for further hospitalization after the patient was eligible for discharge or the patient voluntarily signed a consent to treatment form during his admission.

Findings included:

Review of Complaint Intake Form TX00284673 revealed that Patient #1 alleged that he was held at the facility without his consent.

Review of the medical record revealed Patient #1 was admitted on an Emergency Detention Warrant, dated 10/19/2017 at 1824 PM, due to threatening to harm others. Patient was not discharged until 10/30/2017 yet there were no other involuntary orders received and Patient #1 did not sign a consent to voluntary treatment. Patient #1 was held at least 8 days after being eligible for discharge without signing a voluntary treatment consent or obtaining a court order for protective custody.

Record review of the facility Bill of Patient Rights revealed but was not limited to the following: "Emergency Detention: Special Rights for People Brought To the Hospital Against Their Will: A decision concerning whether you must stay must be made within 48 hours, except that on weekends and legal holidays, the decision may be delayed until 4:00 PM in the afternoon on the first regular workday. The decision may also be delayed in the event of an extreme weather emergency or disaster. If the court is asked to order you to stay longer, you must be told that you have a right to a hearing within 72 hours (excepting weekends, holidays, or extreme weather emergencies or disasters)."

The above findings were confirmed in an interview in the afternoon of 10/03/2018 in the facility meeting room with the Director of Clinical Services.