Part II, Texas Department of Mental Health and Mental Retardation

Rule Review Plan

The Texas Department of Mental Health and Mental Retardation submits the following agency rule review plan in accordance with House Bill 1, 75th Legislature, Regular Session 1997, Article IX, Section 167.

The Texas Department of Mental Health and Mental Retardation has determined that it will not readopt existing rules, but that it will undertake substantive sunset review of its rules, which are being reorganized and rewritten to correspond more closely to existing organizational and operational changes. To accomplish this, it will be necessary to repeal all of its rules that were in effect prior to September 1, 1997. New rules will be adopted as necessary following the usual Texas Register proposal and adoption process, which provides for public comment.

This plan is intended to inform the public of the general timelines that the department intends to follow in repealing rules. In many cases, provisions in the rules to be repealed respond to statutory mandates or other responsibilities that will continue to be required to be expressed in rules. The new rules that are developed will be subject to the regular TDMHMR rulemaking process, which includes Administrative Procedure Act requirements of proposal by publication in the Texas Register of the full text of rules for public scrutiny. The TDMHMR process also involves stakeholders in the development of pre-proposal draft rules which are distributed for public comment prior to proposal in the Texas Register. The approach, which is more resource intensive that the readoption process, is expected to yield a fully reorganized and more highly responsive rule base by September 1, 2001.

For further information about this plan, please contact Linda Logan, director, Office of Policy Development, Texas Department of Mental Health and Mental Retardation, PO Box 12668, Austin, Texas 78711-2668; facsimile 512/206-4750.


Texas Department of Mental Health and Mental Retardation

Sunset Review Schedule of Rules to Be Repealed

The following rules will be repealed and in some cases replaced by new rules that include necessary and/or statutorily mandated provisions. A ü indicates rules have been repealed.

Fiscal Year Chapter, Subchapter, Name in Texas Administrative Code, Title 25, Part II

ü Chapter 401, Subchapter I, Certification of Community Residential Programs

ü Chapter 402, Subchapter H, Placement Appeals Procedures

ü Chapter 403, Subchapter K, Client-Identifying Information

ü Chapter 404, Subchapter A, Abuse, Neglect, and Exploitation in TDMHMR Facilities

ü Chapter 404, Subchapter H, Criminal History Clearances

ü Chapter 405, Subchapter GG, Prescribing of Psychoactive Drugs

ü Chapter 407, Undesignated, Public Records

ü Chapter 408, Subchapter A, Standards of the Texas Department of Mental Health and Mental Retardation — Quality Assurance

ü Chapter 408, Subchapter C, Quality Assurance and Improvement Systems (QAIS) for Mental Retardation Services and Supports

ü Chapter 408, Subchapter D, Additional Mandatory Standards for Selected Mental Retardation Community-based Providers

ü Chapter 408, Subchapter E, Health, Safety, and Rights in Community-based MR Programs

Fiscal Year Chapter, Subchapter, Name in Texas Administrative Code Title 25, Part II
  • Chapter 401, Subchapter B, Interagency Agreements
  • Chapter 401, Subchapter E, Contracts Management/Facilities
  • Chapter 401, Subchapter F, Internal Audit
  • Chapter 401, Subchapter K, Crisis Stabilization Units (CSUs)
  • Chapter 402, Subchapter C, Determination of Manifest Dangerousness
  • Chapter 402, Subchapter E, PASARR
  • Chapter 402, Subchapter F, Continuity of Campus-based Components
  • Chapter 402, Subchapter I, Movement of Individuals with Mental Retardation from Department Facilities
  • Chapter 403, Subchapter N, Administrative Hearings/PMRA
  • Chapter 403, Subchapter O, Administrative Hearings in Contested Case
  • Chapter 404, Subchapter B, Abuse, Neglect, and Exploitation of Persons Served by Providers of Local Authorities
  • Chapter 404, Subchapter G, Unusual Incidents
  • Chapter 405, Subchapter K, Deaths of Clients Served by TXMHMR Facilities or Community MHMR Centers
  • Chapter 405, Subchapter L, HIV
  • Chapter 405, Subchapter M, Mail Opening Procedures
  • Chapter 405, Subchapter Y, Client Rights — Mental Retardation Services
  • Chapter 407, Undesignated, Construction Bidding Procedures
  • Chapter 408, Subchapter B, Mental Health Standards
  • Chapter 409, Subchapter F, Case Management MR
  • Chapter 409, Subchapter G, Case Management MH
  • Chapter 409, Subchapter I, Reimbursement for Services in Institutions for Mental Diseases
  • Chapter 409, Subchapter D, HCS
  • Chapter 409, Subchapter E, Home and Community-based Waiver Services—OBRA
  • Chapter 409, Subchapter J, Reimbursement in Institutions for Mental Diseases
  • Chapter 409, Subchapter K, Medicaid Managed Care
  • Chapter 410, Subchapter B, Community Relations

Fiscal Year Chapter, Subchapter, Name in Texas Administrative Code, Title 25, Part II
  • Chapter 401, Subchapter D, Contracts Management for Community-based Services
  • Chapter 401, Subchapter J, Standards of Care and Treatment in Psychiatric Hospitals
  • Chapter 402, Subchapter A, Admissions, Transfers, Absences, and Discharges—MH Facilities
  • Chapter 402, Subchapter B, Continuity of Services—Mental Health
  • Chapter 403, Subchapter B, Charges for Community-based Services
  • Chapter 403, Subchapter C, Charges for Support, Maintenance, and Treatment
  • Chapter 403, Subchapter M, Public Use of TDMHMR Facilities
  • Chapter 404, Subchapter E, Rights of Persons Receiving Mental Health Services
  • Chapter 405, Subchapter A, Prescribing of Medications—Mental Health Services
  • Chapter 405, Subchapter B, Prescribing of Psychotropic Medications—MR Facilities
  • Chapter 405, Subchapter C, Life-sustaining Treatment
  • Chapter 405, Subchapter D, Determination of Mental Retardation and the Appropriateness of Admission to Mental Retardation Services
  • Chapter 405, Subchapter E, ECT
  • Chapter 405, Subchapter F, Voluntary and Involuntary Behavioral Interventions
  • Chapter 405, Subchapter H, Behavior Management—Facilities Serving Persons with Mental Retardation
  • Chapter 405, Subchapter I, Consent to Treatment with Psychotropic Medication—Mental Retardation Facilities
  • Chapter 405, Subchapter J, Surrogate Decision-Making for Community-based ICF/MR and ICF/MR/RC Facilities
  • Chapter 405, Subchapter FF, Consent to Treatment with Psychoactive Medication—Mental Health
  • Chapter 406, Subchapter A, ICF/MR General Requirements
  • Chapter 406, Subchapter B, ICF/MR Contracting Requirements
  • Chapter 406, Subchapter C, ICF/MR Vendor Payments
  • Chapter 406, Subchapter D, ICF/MR Reimbursement Methodology
  • Chapter 406, Subchapter E, ICF/MR Eligibility and Review
  • Chapter 406, Subchapter F, ICF/MR Personal Finances and Funds
  • Chapter 406, Subchapter G, ICF/MR Additional Facility Responsibilities
  • Chapter 406, Subchapter H, ICF/MR Dental Program
  • Chapter 407, Undesignated, Financial Services
  • Chapter 407, Undesignated, Lease of TDMHMR Property
  • Chapter 407, Undesignated, Inscription of State Vehicles
  • Chapter 407, Undesignated, Historically Underutilized Businesses
  • Chapter 409, Subchapter A, General Reimbursement Methodology
  • Chapter 409, Subchapter B, Adverse Actions
  • Chapter 409, Subchapter C, Fraud and Abuse
Fiscal Year Chapter, Subchapter, Name in Texas Administrative Code, Title 25, Part II


  • Chapter 401, Subchapter A, Advisory Committees
  • Chapter 401, Subchapter C, TDMHMR Rulemaking
  • Chapter 401, Subchapter G, Community Mental Health and Mental Retardation Centers
  • Chapter 401, Subchapter L, TDMHMR In-home and Family Support
  • Chapter 403, Subchapter H, Interstate Transfer
  • Chapter 405, Subchapter P, Research
  • Chapter 410, Subchapter A, Public Responsibility Committees
  • Chapter 410, Subchapter C, Capital Improvements by Citizens’ Groups