October 26, 1961

Honorable Dean Martin County Attorney Grayson County Sherman, Texas

Dear Mr. Martin: Opinion No. !:IW-1175
Re: Whether the County Judge of Grayson County has the authority to commit an involuntarymentally ill person to the Sherman Community Hospital under the named conditions and related question.

You have requested an opinion of this office on the following question:

"Does the County Judge of Grayson County, Texas, have the authority to commit an involuntary mentally ill person to the Sherman Community Hospital under the conditions set out in the letter from the Department of Health, or would it be necessary for the Sherman CommunityHospital to obtain a license under Vernon's Ann.Civ.St.,art. 5547 Mental Health Code,permitting them to operate a privatemental hospital in connection with the General Hospital?" e From your letter and enclosedmaterials, the following facts appear: the Sherman Community Hospital,which has a psychiatricunit operatedunder the supervision of a psychiatrist, is licensed as a generalhospital.

Your attention is directed to Article 5547, Vernon's Civil Statutes, and the provisions thereof covering general definitions (Art. 5547-41; Involuntaryadmissions--in emergencies (Art for an inde in te period (Art.

3.. +$- 5 74-28)--for temporar 55 7-52); fi periods (Art. 5574-31, 38)-- the necessary'orders (Art. 5547-58); and, licensing requirements (Art. 5547-88); which provisions read in part as follows:

"Article5547-4. Definitions. As used in this Code, unless the context otherwise requires: I,

. . .Honorable Dean Martin, Page 2 (w-1175)
"(f) 'generalhospital'means a hospital operatedprimarily for the diagnosis, care and treatment of the physically ill. "(g) 'mentalhospital'means a hospital operated for the primary purpose of providing in-patient care and treatment for the mentally ill. A hospital operatedby an agency of the United States and equipped to provide in-patient care and treatment for thementally Ill shall be considered a mental hospital. "(h) 'Statemental hospital'means a mental hospital operated by the Board. "(I) 'privatemental hospital'means a mental hospital operatedby any person or polltical subdivision. II II *
. . Article 5547-28. EmergencyAdmission. The head of a mental hospital or a generalhospital may admit and detain any person for emergency ,observationand treatment for a period not to exceed ninety-six (96) hours upon . . ." "Article5547-31. Applicationfor temporary hospitalization.

. . .,TheApplicationmay be made by any adult person, or by the county judge, ,andshall state upon informationand belief that the proposed patient

. . . requires observation and/or treatment in a mental hospital." "Article5547-38. Order upon hearing.

...‘. "(b) If upon the hearing the coutit finds that the proposed patient is mentally ill

. . . the court shall order that thementally ill person be committed as a patient for observation and/or treatment in a mental hospital for a period not exceeding ninety (90)days." "Article 5547-52. Orderupon hearing.

. . . "(b) If the court or the jury, as the case may be, finds that the proposed patient is mentally Ill and requires hospitalization in a mental hospital

. . .'

the.'court

shall order that the mentally ill person be committed as a patient to a mental hospital for an indefiniteperiod."Honorable Dean Martin,page 3 (WW-1175)

"Article5547-58. Designation of a hospital. In the Order of Temporary Hospitalizationor Indefinite Commitment,the court shall commit the patient to a designated (a) Statemental hospital; (b)privatemental hospital; or (c) ;g;;en;a;fh",;;it",;tEd States operating

. "Article5547-88. License Required. Ninety (90)days after the effective date of this Code, no person or political subdivisionmay operate a mental hospital unless licensed to do so by the Department." First, it is clear that the County Court presided over by the County Judge, is a court of competent jurisdiction over lunacyproceedings and proceedings for hearing and commitments for confinement, treatmentand observation of thementally ill. Pate v. Stevens, 1953, error dism.) 257 S.W.2d 763 (Civ.App. Specifically,your question deals with whether the County Judge has the authority to commit a mentally ill person to a general hospital with a psychiatric y;dswhich is not licensedunder the provisions of Art. 5547,

. . . You will notice that there are basically four types of hospitals referred to in the Code (i.e. generalhospitals, mental hospitals, Statemental hospitals, privatemental hospitals). From your letter and enclosures, the Sherman Community Hospital falls within the statutory "generalhospital" definition quoted above. In addition, there are three classifications of commitments for the involuntarymentally ill authorizedby the Code (i.e. "emergency" (96 hours or less), "temporary" (90 days or less) and "indefinite").

Based upon the foregoing statutoryprovisions,we are of the opinion that the County Judge is authorized to commit the mentally ill to a general hospital with an unlicensedpsychiatricward only for ninety-six (96) hours or lesswithin the "emergency"commitment category of the Code. Only the section authorizing an "emergency" commitment allows commitment to a generalhospital of the type in question. Both of the other types of commitments of the mentally ill (i.e. "temporary"and "indefinite") specificallyrequire confinement in a "mentalhospital" as definied in the Code and set out above.HonorableDean Martin, page 4 (W-1175)
Further, Article 5547-88, supra, specificallyrequires a "mentalhospital" as defined in the Code, and set out-above to be licensed by the Texas State Department of Health after ninety (90)days from the effectivedate of the Code (i.e.ninety days after January 1, 1958). As a commitment for thementally ill for either a "temporarywor indefinite" period is required in a "mentalhospital," and such must be licensedunder Article 5547-88, supra,we are of the opinion that the County Judge would thus not be authorized to commit such person to the Sherman CommunityHospital for a period exceedingninety-six (96) hours "emergency"commitment under the .factspresented.

SUMMARY Under Article 5547, V.C.S., a CountyJudge may not commit an involuntarymentally ill person to a general hospital with a psychiatricward not licensedunder the statute for a period in excess of ninety-six (96) hours. Very truly yours, WILL WILSON Attorney General of Texas

EBS:dhs

APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Vernon Teofan Gordon Cass w. Ray scruggs Ben Harrison
REVIEWEDFOR THE ATTORNEY GENERAL BY: HoughtonBrownlee, Jr.