Sec. 462.079. REVOCATION OF FURLOUGH. (a) A furlough may be revoked only after an administrative hearing held in accordance with department rules. The hearing must be held within 72 hours after the patient is returned to the facility.
(b) A hearing officer shall conduct the hearing. The hearing officer may be a mental health or chemical dependency professional if the person is not directly involved in treating the patient.
(c) The hearing is informal, and the patient is entitled to present information and argument.
(d) The hearing officer may revoke the furlough if the officer determines that the revocation is justified under Section 462.078(b)(1) or (2).
(e) A hearing officer who revokes a furlough shall place in the patient's file:
(1) a written notation of the decision; and
(2) a written explanation of the reasons for the decision and the information on which the hearing officer relied.
(f) The patient shall be permitted to leave the facility under the furlough if the hearing officer determines that the furlough should not be revoked.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1177, eff. April 2, 2015.
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