HospitalInspections.org

Based on record review and interview, the facility failed to notify a patient of their rights as shown by the facility not informing a patient they may be released from involuntary treatment when their emergency detention warrant expired (Patient #B).

Findings included:

Review of facility policy titled "Admissions Voluntary And Involuntary Texas" #PC-06, last revised 3/1/21 showed that the facility would explain and document the explanation of the patient's rights with regard to involuntary treatment and services as they relate to the patient.

Record review of Patient #B's medical records showed that on 8/7/23 she was admitted to the facility voluntarily. The facility then filed with the courts an application of Emergency Detention requesting a mental health warrant, which was subsequently issued by Judge Jason Cox on 8/7/23. The mental health warrant expired after 48 hours yet the patient was still being treated in the facility afterwards.

In an interview on 11/16/23 at 2:30 pm, Facility Court Liaison-Staff #14 stated that the facility should have filed for an Order of Protective Custody (OPC) which if approved by a magistrate judge, would have allowed the facility to continue to legally hold and treat the patient involuntarily against their will after the mental health warrant expired. However, there was no evidence an OPC was ever filed, so after the mental health warrant had expired, the facility should not have held the patient and should have communicated this to the patient.

Further record review of Patient #B's medical records failed to show any documentation the patient was informed of her right to leave the hospital after her mental health warrant had expired, as there was no legal basis to hold and treat the patient any longer.