reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.043. Discharge of Resident

Sec. 594.043.  DISCHARGE OF RESIDENT.  A resident who is transferred to a state mental hospital and no longer requires treatment in a state mental hospital or a residential care facility shall be discharged.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.044. Transfer to Residential Care Facility

Sec. 594.044.  TRANSFER TO RESIDENTIAL CARE FACILITY.  (a)  Except as provided by Section 594.045, a resident who is transferred to a state mental hospital and no longer requires treatment in a state mental hospital but requires treatment in a residential care facility shall be returned to the residential care facility from which the resident was transferred.
(b)  The hospital administrator of the state mental hospital shall notify the director of the facility from which the resident was transferred that hospitalization in a state mental hospital is not necessary or appropriate for the resident.  The director shall immediately provide for the return of the resident to the facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1466, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1467, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.045. Return of Court-Ordered Transfer Resident

Sec. 594.045.  RETURN OF COURT-ORDERED TRANSFER RESIDENT.  (a)  If a resident has been transferred to a state mental hospital under a court order under this subchapter, the hospital administrator of the state mental hospital shall:
(1)  send a certificate to the committing court stating that the resident does not require hospitalization in a state mental hospital but requires care in a residential care facility because of the resident's intellectual disability; and
(2)  request that the resident be transferred to a residential care facility.
(b)  The transfer may be made only if the judge of the committing court approves the transfer as provided by Section 575.013.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1468, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.001. Confidentiality of Records

Sec. 595.001.  CONFIDENTIALITY OF RECORDS.  Records of the identity, diagnosis, evaluation, or treatment of a person that are maintained in connection with the performance of a program or activity relating to an intellectual disability are confidential and may be disclosed only for the purposes and under the circumstances authorized by this chapter, subject to applicable federal and other state law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1469, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.002. Rules

Sec. 595.002.  RULES.  The executive commissioner shall adopt rules to carry out this chapter that are necessary or proper to:
(1)  prevent circumvention or evasion of the chapter; or
(2)  facilitate compliance with the chapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1470, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.003. Consent to Disclosure

Sec. 595.003.  CONSENT TO DISCLOSURE.  (a)  The content of a confidential record may be disclosed in accordance with the prior written consent of:
(1)  the person about whom the record is maintained;
(2)  the person's parent if the person is a minor;
(3)  the guardian if the person has been adjudicated incompetent to manage the person's personal affairs;  or
(4)  if the person is dead:
(A)  the executor or administrator of the deceased's estate;  or
(B)  if an executor or administrator has not been appointed, the deceased's spouse or, if the deceased was not married, an adult related to the deceased within the first degree of consanguinity.
(b)  Disclosure is permitted only to the extent, under the circumstances, and for the purposes allowed under department rules.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.004. Right to Personal Record

Sec. 595.004.  RIGHT TO PERSONAL RECORD.  (a)  The content of a confidential record shall be made available on the request of the person about whom the record was made unless:
(1)  the person is a client;  and
(2)  the qualified professional responsible for supervising the client's habilitation states in a signed written statement that having access to the record is not in the client's best interest.
(b)  The parent of a minor or the guardian of the person shall be given access to the contents of any record about the minor or person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.005. Exceptions

Sec. 595.005.  EXCEPTIONS.  (a)  The content of a confidential record may be disclosed without the consent required under Section 595.003 to:
(1)  medical personnel to the extent necessary to meet a medical emergency;
(2)  qualified personnel for management audits, financial audits, program evaluations, or research approved by the department; or
(3)  personnel legally authorized to conduct investigations concerning complaints of abuse or denial of rights of persons with an intellectual disability.
(b)  A person who receives confidential information under Subsection (a)(2) may not directly or indirectly identify a person receiving services in a report of the audit, evaluation, or research, or otherwise disclose any identities.
(c)  The department may disclose without the consent required under Section 595.003 a person's educational records to a school district that provides or will provide educational services to the person.
(d)  If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause, the content of a record may be disclosed without the consent required under Section 595.003.  In determining whether there is good cause, a court shall weigh the public interest and need for disclosure against the injury to the person receiving services.  On granting the order, the court, in determining the extent to which any disclosure of all or any part of a record is necessary, shall impose appropriate safeguards against unauthorized disclosure.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1471, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.0055. Disclosure of Name and Birth and Death Dates for Certain Purposes

Sec. 595.0055.  DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR CERTAIN PURPOSES.  (a)  In this section, "cemetery organization" and "funeral establishment" have the meanings assigned by Section 711.001.
(b)  Notwithstanding any other law, on request by a representative of a cemetery organization or funeral establishment, the director of a residential care facility shall release to the representative the name, date of birth, or date of death of a person who was a resident at the facility when the person died, unless the person or the person's guardian provided written instructions to the facility not to release the person's name or dates of birth and death.  A representative of a cemetery organization or a funeral establishment may use a name or date released under this subsection only for the purpose of inscribing the name or date on a grave marker.
Added by Acts 2003, 78th Leg., ch. 174, Sec. 2, eff. May 27, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1472, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.006. Use of Record in Criminal Proceedings

Sec. 595.006.  USE OF RECORD IN CRIMINAL PROCEEDINGS.  Except as authorized by a court order under Section 595.005, a confidential record may not be used to:
(1)  initiate or substantiate a criminal charge against a person receiving services;  or
(2)  conduct an investigation of a person receiving services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.007. Confidentiality of Past Services

Sec. 595.007.  CONFIDENTIALITY OF PAST SERVICES.  The prohibition against disclosing information in a confidential record applies regardless of when the person received services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.008. Exchange of Records

Sec. 595.008.  EXCHANGE OF RECORDS.  The prohibitions against disclosure apply to an exchange of records between government agencies or persons, except for exchanges of information necessary for:
(1)  delivery of services to clients; or
(2)  payment for intellectual disability services as defined in this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1473, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.009. Receipt of Information by Persons Other Than Client or Patient

Sec. 595.009.  RECEIPT OF INFORMATION BY PERSONS OTHER THAN CLIENT OR PATIENT.  (a)  A person who receives information that is confidential under this chapter may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was obtained.
(b)  This section does not apply to the person about whom the record is made, or the parent, if the person is a minor, or the guardian of the person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 595 - Records › Section 595.010. Disclosure of Physical or Mental Condition

Sec. 595.010.  DISCLOSURE OF PHYSICAL OR MENTAL CONDITION.  This chapter does not prohibit a qualified professional from disclosing the current physical and mental condition of a person with an intellectual disability to the person's parent, guardian, relative, or friend.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1474, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter A. General Provisions › Section 597.001. Definitions

Sec. 597.001.  DEFINITIONS.  In this chapter:
(1)  "Highly restrictive procedure" means the application of aversive stimuli, exclusionary time-out, physical restraint, or a requirement to engage in an effortful task.
(2)  "Client" means a person receiving services in a community-based ICF-IID.
(3)  "Committee" means a surrogate consent committee established under Section 597.042.
(4)  "ICF-IID" has the meaning assigned by Section 531.002.
(5)  "Interdisciplinary team" means those interdisciplinary teams defined in the Code of Federal Regulations for participation in the intermediate care facilities for individuals with intellectual and developmental disabilities.
(6)  "Major medical and dental treatment" means a medical, surgical, dental, or diagnostic procedure or intervention that:
(A)  has a significant recovery period;
(B)  presents a significant risk;
(C)  employs a general anesthetic;  or
(D)  in the opinion of the primary physician, involves a significant invasion of bodily integrity that requires the extraction of bodily fluids or an incision or that produces substantial pain, discomfort, or debilitation.
(7)  "Psychoactive medication" means any medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and that is used to exercise an effect upon the central nervous system for the purposes of influencing and modifying behavior, cognition, or affective state.
(8)  "Surrogate decision-maker" means an individual authorized under Section 597.041 to consent on behalf of a client residing in an ICF-IID.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1475, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter A. General Provisions › Section 597.002. Rules

Sec. 597.002.  RULES.  The executive commissioner may adopt rules necessary to implement this chapter.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1476, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter A. General Provisions › Section 597.003. Exceptions

Sec. 597.003.  EXCEPTIONS.  (a)  This chapter does not apply to decisions for the following:
(1)  experimental research;
(2)  abortion;
(3)  sterilization;
(4)  management of client funds;  and
(5)  electroconvulsive treatment.
(b)  This chapter does not apply to campus-based facilities operated by the department.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter B. Assessment of Client's Capacity; Incapacitated Clients Without Guardians › Section 597.021. Icf-Iid Assessment of Client's Capacity to Consent to Treatment

Sec. 597.021.  ICF-IID ASSESSMENT OF CLIENT'S CAPACITY TO CONSENT TO TREATMENT.  (a)  The executive commissioner by rule shall require an ICF-IID certified in this state to assess the capacity of each adult client without a legal guardian to make treatment decisions when there is evidence to suggest the individual is not capable of making a decision covered under this chapter.
(b)  The rules must require the use of a uniform assessment process prescribed by department rule to determine a client's capacity to make treatment decisions.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1477, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.041. Surrogate Decision-Makers

Sec. 597.041.  SURROGATE DECISION-MAKERS.  (a)  If the results of an assessment conducted in accordance with Section 597.021 indicate that an adult client who does not have a legal guardian or a client under 18 years of age who has no parent, legal guardian, or managing or possessory conservator lacks the capacity to make a major medical or dental treatment decision, an adult surrogate from the following list, in order of descending preference, who has decision-making capacity and who is willing to consent on behalf of the client may consent to major medical or dental treatment on behalf of the client:
(1)  an actively involved spouse;
(2)  an actively involved adult child who has the waiver and consent of all other actively involved adult children of the client to act as the sole decision-maker;
(3)  an actively involved parent or stepparent;
(4)  an actively involved adult sibling who has the waiver and consent of all other actively involved adult siblings of the client to act as the sole decision-maker;  and
(5)  any other actively involved adult relative who has the waiver and consent of all other actively involved adult relatives of the client to act as the sole decision-maker.
(b)  Any person who consents on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.
(c)  Consent given by the surrogate decision-maker is valid and competent to the same extent as if the client had the capacity to consent and had consented.
(d)  Any dispute as to the right of a party to act as a surrogate decision-maker may be resolved only by a court of record under Title 3, Estates Code.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1479, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.042. Surrogate Consent Committee Established; Departmental Support

Sec. 597.042.  SURROGATE CONSENT COMMITTEE ESTABLISHED;  DEPARTMENTAL SUPPORT.  (a)  For cases in which there is no guardian or surrogate decision-maker available, the department shall establish and maintain a list of individuals qualified to serve on a surrogate consent committee.
(b)  The department shall provide the staff and assistance necessary to perform the duties prescribed by this subchapter.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.043. Committee Membership

Sec. 597.043.  COMMITTEE MEMBERSHIP.  (a)  A surrogate consent committee considering an application for a treatment decision shall be composed of at least three but not more than five members, and consent on behalf of clients shall be based on consensus of the members.
(b)  A committee considering an application for a treatment decision must consist of individuals who:
(1)  are not employees of the facility;
(2)  do not provide contractual services to the facility;
(3)  do not manage or exercise supervisory control over:
(A)  the facility or the employees of the facility;  or
(B)  any company, corporation, or other legal entity that manages or exercises control over the facility or the employees of the facility;
(4)  do not have a financial interest in the facility or in any company, corporation, or other legal entity that has a financial interest in the facility;  and
(5)  are not related to the client.
(c)  The list of qualified individuals from which committee members are drawn shall include:
(1)  health care professionals licensed or registered in this state who have specialized training in medicine, psychopharmacology, nursing, or psychology;
(2)  persons with an intellectual disability or parents, siblings, spouses, or children of a person with an intellectual disability;
(3)  attorneys licensed in this state who have knowledge of legal issues of concern to persons with an intellectual disability or to the families of persons with an intellectual disability;
(4)  members of private organizations that advocate on behalf of persons with an intellectual disability; and
(5)  persons with demonstrated expertise or interest in the care and treatment of persons with an intellectual disability.
(d)  At least one member of the committee must be an individual listed in Subsection (c)(1) or (5).
(e)  A member of a committee shall participate in education and training as required by department rule.
(f)  The department shall designate a committee chair.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 2, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1480, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.044. Application for Treatment Decision

Sec. 597.044.  APPLICATION FOR TREATMENT DECISION.  (a)  If the results of the assessment conducted in accordance with Section 597.021 indicate that a client who does not have a legal guardian or surrogate decision-maker lacks the capacity to make a treatment decision about major medical or dental treatment, psychoactive medication, or a highly restrictive procedure, the ICF-IID must file an application for a treatment decision with the department.
(b)  An application must be in the form prescribed by the department, must be signed by the applicant, and must:
(1)  state that the applicant has reason to believe and does believe that the client has a need for major medical or dental treatment, psychoactive medication, or a highly restrictive procedure;
(2)  specify the condition proposed to be treated;
(3)  provide a description of the proposed treatment, including the risks and benefits to the client of the proposed treatment;
(4)  provide a description of generally accepted alternatives to the proposed treatment, including the risks and potential benefits to the client of the alternatives, and the reasons the alternatives were rejected;
(5)  state the applicant's opinion on whether the proposed treatment promotes the client's best interest and the grounds for the opinion;
(6)  state the client's opinion about the proposed treatment, if known;
(7)  provide any other information necessary to determine the client's best interest regarding the treatment;  and
(8)  state that the client does not have a guardian of the person and does not have a parent, spouse, child, or other person with demonstrated interest in the care and welfare of the client who is able and willing to become the client's guardian or surrogate decision-maker.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 2, eff. Sept. 1, 1997.  Reenacted and amended by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1481, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.045. Notice of Review of Application for Treatment Decision

Sec. 597.045.  NOTICE OF REVIEW OF APPLICATION FOR TREATMENT DECISION.  (a)  Following receipt of an application for a treatment decision that meets the requirements of Section 597.044(b), the department shall appoint a surrogate consent committee.
(b)  The ICF-IID with assistance from the department shall schedule a review of the application.
(c)  The ICF-IID with assistance from the department shall send notice of the date, place, and time of the review to the surrogate consent committee, the client who is the subject of the application, the client's actively involved parent, spouse, adult child, or other person known to have a demonstrated interest in the care and welfare of the client, and any other person as prescribed by department rule.  The ICF-IID shall include a copy of the application and a statement of the committee's procedure for consideration of the application, including the opportunity to be heard or to present evidence and to appeal.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Act 1997, 75th Leg., ch. 450, Sec. 4, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1482, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.046. Prereview of Application

Sec. 597.046.  PREREVIEW OF APPLICATION.  (a)  Before the date of the review of an application for a treatment decision the committee chair shall review the application to determine whether additional information may be necessary to assist the committee in determining the client's best interest under the circumstances.
(b)  A committee member may consult with a person who might assist in the determination of the best interest of the client or in learning the personal opinions, beliefs, and values of the client.
(c)  If a committee that does not include in its membership an individual listed in Section 597.043(c)(1) is to review an application for a treatment decision about psychoactive medication, the department shall provide consultation with a health care professional licensed or registered in this state to assist the committee in the determination of the best interest of the client.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 4, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.047. Confidential Information

Sec. 597.047.  CONFIDENTIAL INFORMATION.  Notwithstanding any other state law, a person licensed by this state to provide services related to health care or to the treatment or care of a person with an intellectual disability, a developmental disability, or a mental illness shall provide to the committee members any information the committee requests that is relevant to the client's need for a proposed treatment.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1483, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.048. Review of Application

Sec. 597.048.  REVIEW OF APPLICATION.  (a)  The committee shall review the application at the time, place, and date provided in the notice under Section 597.045.
(b)  A person notified under Section 597.045 is entitled to be present and to present evidence personally or through a representative.
(c)  The committee may take testimony or review evidence from any person who might assist the committee in determining a client's best interest.
(d)  Formal rules of evidence do not apply to committee proceedings.
(e)  If practicable, the committee shall interview and observe the client before making a determination of the client's best interest, and in those cases when a client is not interviewed, the reason must be documented in the committee's record.
(f)  At any time before the committee makes its determination of a client's best interest under Section 597.049, the committee chair may suspend the review of the application for not more than five days if any person applies for appointment as the client's guardian of the person in accordance with the Estates Code.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 5, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1484, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.049. Determination of Best Interest

Sec. 597.049.  DETERMINATION OF BEST INTEREST.  (a)  The committee shall make a determination, based on clear and convincing evidence, of whether the proposed treatment promotes the client's best interest and a determination that:
(1)  a person has not been appointed as the guardian of the client's person before the sixth day after proceedings are suspended under Section 597.048(f);  or
(2)  there is a medical necessity, based on clear and convincing evidence, that the determination about the proposed treatment occur before guardianship proceedings are completed.
(b)  In making its determination of the best interest of the client, the committee shall consider fully the preference of the client as articulated at any time.
(c)  According to its determination of the client's best interest, the committee shall consent or refuse the treatment on the client's behalf.
(d)  The committee shall determine a date on which the consent becomes effective and a date on which the consent expires.
(e)  A person serving on a committee who consents or refuses to consent on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 6, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.050. Notice of Determination

Sec. 597.050.  NOTICE OF DETERMINATION.  (a)  The committee shall issue a written opinion containing each of its determinations and a separate statement of the committee's findings of fact.
(b)  The ICF-IID shall send a copy of the committee's opinion to:
(1)  each person notified under Section 597.045; and
(2)  the department.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 7, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1485, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.051. Effect of Committee's Determination

Sec. 597.051.  EFFECT OF COMMITTEE'S DETERMINATION.  This chapter does not limit the availability of other lawful means of obtaining a client's consent for medical treatment.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. June 18, 1999.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.052. Scope of Consent

Sec. 597.052.  SCOPE OF CONSENT.  (a)  The committee or the surrogate decision-maker may consent to the release of records related to the client's condition or treatment to facilitate treatment to which the committee or surrogate decision-maker has consented.
(b)  The interdisciplinary team may consent to psychoactive medication subsequent to the initial consent for administration of psychoactive medication made by a surrogate consent committee in accordance with rules of the department until the expiration date of the consent.
(c)  Unless another decision-making mechanism is provided for by law, a client, a client's authorized surrogate decision-maker if available, or the client's interdisciplinary team may consent to decisions which involve risk to client protection and rights not specifically reserved to surrogate decision-makers or surrogate consent committees.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 450, Sec. 8, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.053. Appeals

Sec. 597.053.  APPEALS.  (a)  A person notified under Section 597.045 may appeal the committee's decision by filing a petition in the probate court or court having probate jurisdiction for the county in which the client resides or in Travis County.  The person must file the appeal not later than the 15th day after the effective date of the committee's determination.
(b)  If the hearing is to be held in a probate court in which the judge is not a licensed attorney, the person filing the appeal may request that the proceeding be transferred to a court with a judge who is licensed to practice law in this state.  The probate court judge shall transfer the case after receiving the request, and the receiving court shall hear the case as if it had been originally filed in that court.
(c)  A copy of the petition must be served on all parties of record in the proceedings before the committee.
(d)  After considering the nature of the condition of the client, the proposed treatment, and the need for timely medical attention, the court may issue a temporary restraining order to facilitate the appeal.  If the order is granted, the court shall expedite the trial.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 597 - Capacity of Clients to Consent to Treatment › Subchapter C. Surrogate Consent for Icf-Iid Clients › Section 597.054. Procedures

Sec. 597.054.  PROCEDURES.  (a)  Each ICF-IID shall develop procedures for the surrogate consent committees in accordance with the rules adopted under Section 597.002.
(b)  A committee is not subject to Chapter 2001, Government Code, Chapter 551, Government Code, or Chapter 552, Government Code.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (82), (88), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 450, Sec. 9, eff. Sept. 1, 1997.  Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1486, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.001. Definitions

Sec. 611.001.  DEFINITIONS.  In this chapter:
(1)  "Patient" means a person who consults or is interviewed by a professional for diagnosis, evaluation, or treatment of any mental or emotional condition or disorder, including alcoholism or drug addiction.
(2)  "Professional" means:
(A)  a person authorized to practice medicine in any state or nation;
(B)  a person licensed or certified by this state to diagnose, evaluate, or treat any mental or emotional condition or disorder;  or
(C)  a person the patient reasonably believes is authorized, licensed, or certified as provided by this subsection.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.002. Confidentiality of Information and Prohibition Against Disclosure

Sec. 611.002.  CONFIDENTIALITY OF INFORMATION AND PROHIBITION AGAINST DISCLOSURE.  (a)  Communications between a patient and a professional, and records of the identity, diagnosis, evaluation, or treatment of a patient that are created or maintained by a professional, are confidential.
(b)  Confidential communications or records may not be disclosed except as provided by Section 611.004, 611.0041, or 611.0045.
(b-1)  No exception to the privilege of confidentiality under Section 611.004 may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies.
(c)  This section applies regardless of when the patient received services from a professional.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.11, eff. Aug. 30, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 633 (H.B. 549), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.003. Persons Who May Claim Privilege of Confidentiality

Sec. 611.003.  PERSONS WHO MAY CLAIM PRIVILEGE OF CONFIDENTIALITY.  (a)  The privilege of confidentiality may be claimed by:
(1)  the patient;
(2)  a person listed in Section 611.004(a)(4) or (a)(5) who is acting on the patient's behalf;  or
(3)  the professional, but only on behalf of the patient.
(b)  The authority of a professional to claim the privilege of confidentiality on behalf of the patient is presumed in the absence of evidence to the contrary.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.0041. Required Disclosure of Confidential Information Other Than in Judicial or Administrative Proceeding

Sec. 611.0041.  REQUIRED DISCLOSURE OF CONFIDENTIAL INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.  (a)  In this section:
(1)  "Patient" has the meaning assigned by Section 552.0011.
(2)  "State hospital" has the meaning assigned by Section 552.0011.
(b)  To the extent permitted by federal law, a professional shall disclose confidential information to the descendant of a patient of a state hospital if:
(1)  the patient has been deceased for at least 50 years; and
(2)  the professional does not have information indicating that releasing the medical record is inconsistent with any prior expressed preference of the deceased patient or personal representatives of the deceased patient's estate.
(c)  A person who receives information from confidential communications or records may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the person first obtained the information.
Added by Acts 2019, 86th Leg., R.S., Ch. 1088 (H.B. 1901), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.005. Legal Remedies for Improper Disclosure or Failure to Disclose

Sec. 611.005.  LEGAL REMEDIES FOR IMPROPER DISCLOSURE OR FAILURE TO DISCLOSE.  (a)  A person aggrieved by the improper disclosure of or failure to disclose confidential communications or records in violation of this chapter may petition the district court of the county in which the person resides for appropriate relief, including injunctive relief.  The person may petition a district court of Travis County if the person is not a resident of this state.
(b)  In a suit contesting the denial of access under Section 611.0045, the burden of proving that the denial was proper is on the professional who denied the access.
(c)  The aggrieved person also has a civil cause of action for damages.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.13, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.006. Authorized Disclosure of Confidential Information in Judicial or Administrative Proceeding

Sec. 611.006.  AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.  (a)  A professional may disclose confidential information in:
(1)  a judicial or administrative proceeding brought by the patient or the patient's legally authorized representative against a professional, including malpractice proceedings;
(2)  a license revocation proceeding in which the patient is a complaining witness and in which disclosure is relevant to the claim or defense of a professional;
(3)  a judicial or administrative proceeding in which the patient waives the patient's right in writing to the privilege of confidentiality of information or when a representative of the patient acting on the patient's behalf submits a written waiver to the confidentiality privilege;
(4)  a judicial or administrative proceeding to substantiate and collect on a claim for mental or emotional health services rendered to the patient;
(5)  a judicial proceeding if the judge finds that the patient, after having been informed that communications would not be privileged, has made communications to a professional in the course of a court-ordered examination relating to the patient's mental or emotional condition or disorder, except that those communications may be disclosed only with respect to issues involving the patient's mental or emotional health;
(6)  a judicial proceeding affecting the parent-child relationship;
(7)  any criminal proceeding, as otherwise provided by law;
(8)  a judicial or administrative proceeding regarding the abuse or neglect, or the cause of abuse or neglect, of a resident of an institution, as that term is defined by Chapter 242;
(9)  a judicial proceeding relating to a will if the patient's physical or mental condition is relevant to the execution of the will;
(10)  an involuntary commitment proceeding for court-ordered treatment or for a probable cause hearing under:
(A)  Chapter 462;
(B)  Chapter 574;  or
(C)  Chapter 593;  or
(11)  a judicial or administrative proceeding where the court or agency has issued an order or subpoena.
(b)  On granting an order under Subsection (a)(5), the court, in determining the extent to which disclosure of all or any part of a communication is necessary, shall impose appropriate safeguards against unauthorized disclosure.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.007. Revocation of Consent

Sec. 611.007.  REVOCATION OF CONSENT.  (a)  Except as provided by Subsection (b), a patient or a patient's legally authorized representative may revoke a disclosure consent to a professional at any time.  A revocation is valid only if it is written, dated, and signed by the patient or legally authorized representative.
(b)  A patient may not revoke a disclosure that is required for purposes of making payment to the professional for mental health care services provided to the patient.
(c)  A patient may not maintain an action against a professional for a disclosure made by the professional in good faith reliance on an authorization if the professional did not have notice of the revocation of the consent.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 611 - Mental Health Records › Section 611.008. Request by Patient

Sec. 611.008.  REQUEST BY PATIENT.  (a)  On receipt of a written request from a patient to examine or copy all or part of the patient's recorded mental health care information, a professional, as promptly as required under the circumstances but not later than the 15th day after the date of receiving the request, shall:
(1)  make the information available for examination during regular business hours and provide a copy to the patient, if requested;  or
(2)  inform the patient if the information does not exist or cannot be found.
(b)  Unless provided for by other state law, the professional may charge a reasonable fee for retrieving or copying mental health care information and is not required to permit examination or copying until the fee is paid unless there is a medical emergency.
(c)  A professional may not charge a fee for copying mental health care information under Subsection (b) to the extent the fee is prohibited under Subchapter M, Chapter 161.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1, 1995.