reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.1065. Finding That Patient Presents a Danger

Sec. 574.1065.  FINDING THAT PATIENT PRESENTS A DANGER.  In making a finding under Section 574.106(a-1)(2) that, as a result of a mental disorder or mental defect, the patient presents a danger to the patient or others in the inpatient mental health facility in which the patient is being treated or in the correctional facility, as applicable, the court shall consider:
(1)  an assessment of the patient's present mental condition;
(2)  whether the patient has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to the patient's self or to another while in the facility; and
(3)  whether the patient, in the six months preceding the date the patient was placed in the facility, has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to another that resulted in the patient being placed in the facility.
Added by Acts 2005, 79th Leg., Ch. 717 (S.B. 465), Sec. 5, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 624 (H.B. 1233), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.107. Costs

Sec. 574.107.  COSTS.  (a)  The costs for a hearing under this subchapter shall be paid in accordance with Sections 571.017 and 571.018.
(b)  The county in which the applicable criminal charges are pending or were adjudicated shall pay as provided by Subsection (a) the costs of a hearing that is held under Section 574.106 to evaluate the court-ordered administration of psychoactive medication to:
(1)  a patient ordered to receive mental health services as described by Section 574.106(a)(1) after having been determined to be incompetent to stand trial or having been acquitted of an offense by reason of insanity; or
(2)  a patient who:
(A)  is awaiting trial after having been determined to be competent to stand trial; and
(B)  was ordered to receive mental health services as described by Section 574.106(a)(2).
Added by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 20, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 624 (H.B. 1233), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.108. Appeal

Sec. 574.108.  APPEAL.  (a)  A patient may appeal an order under this subchapter in the manner provided by Section 574.070 for an appeal of an order requiring court-ordered mental health services.
(b)  An order authorizing the administration of medication regardless of the refusal of the patient is effective pending an appeal of the order.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.  Renumbered from Health & Safety Code Sec. 574.107 by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.109. Effect of Order

Sec. 574.109.  EFFECT OF ORDER.  (a)  A person's consent to take a psychoactive medication is not valid and may not be relied on if the person is subject to an order issued under Section 574.106.
(b)  The issuance of an order under Section 574.106 is not a determination or adjudication of mental incompetency and does not limit in any other respect that person's rights as a citizen or the person's property rights or legal capacity.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.  Renumbered from Health & Safety Code Sec. 574.108 by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.110. Expiration of Order

Sec. 574.110.  EXPIRATION OF ORDER.  (a)  Except as provided by Subsection (b), an order issued under Section 574.106 expires on the expiration or termination date of the order for temporary or extended mental health services in effect when the order for psychoactive medication is issued.
(b)  An order issued under Section 574.106 for a patient who is returned to a correctional facility, as defined by Section 1.07, Penal Code, to await trial in a criminal proceeding continues to be in effect until the earlier of the following dates, as applicable:
(1)  the 180th day after the date the defendant was returned to the correctional facility;
(2)  the date the defendant is acquitted, is convicted, or enters a plea of guilty; or
(3)  the date on which charges in the case are dismissed.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.  Renumbered from Health & Safety Code Sec. 574.109 and amended by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 717 (S.B. 465), Sec. 6, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 718 (H.B. 748), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter H. Voluntary Admission for Certain Persons for Whom Motion for Court-Ordered Services Has Been Filed › Section 574.151. Applicability

Sec. 574.151.  APPLICABILITY.  This subchapter applies only to a person for whom a motion for court-ordered mental health services is filed under Section 574.001, for whom a final order on that motion has not been entered under Section 574.034, 574.0345, 574.035, or 574.0355 and who requests voluntary admission to an inpatient mental health facility:
(1)  while the person is receiving at that facility involuntary inpatient services under Subchapter B or under Chapter 573; or
(2)  before the 31st day after the date the person was released from that facility under Section 573.023 or 574.028.
Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 23, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter H. Voluntary Admission for Certain Persons for Whom Motion for Court-Ordered Services Has Been Filed › Section 574.152. Capacity to Consent to Voluntary Admission

Sec. 574.152.  CAPACITY TO CONSENT TO VOLUNTARY ADMISSION.  A person described by Section 574.151 is rebuttably presumed to have the capacity to consent to admission to the inpatient mental health facility for voluntary inpatient mental health services.
Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter H. Voluntary Admission for Certain Persons for Whom Motion for Court-Ordered Services Has Been Filed › Section 574.153. Rights of Person Admitted to Voluntary Inpatient Treatment

Sec. 574.153.  RIGHTS OF PERSON ADMITTED TO VOLUNTARY INPATIENT TREATMENT.  (a)  A person described by Section 574.151 who is admitted to the inpatient mental health facility for voluntary inpatient mental health services has all of the rights provided by Chapter 576 for a person receiving voluntary or involuntary inpatient mental health services.
(b)  A right assured by Section 576.021 may not be waived by the patient, the patient's attorney or guardian, or any other person acting on behalf of the patient.
Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter H. Voluntary Admission for Certain Persons for Whom Motion for Court-Ordered Services Has Been Filed › Section 574.154. Participation in Research Program

Sec. 574.154.  PARTICIPATION IN RESEARCH PROGRAM.  Notwithstanding any other law, a person described by Section 574.151 may not participate in a research program in the inpatient mental health facility unless:
(1)  the patient provides written consent to participate in the research program under a protocol that has been approved by the facility's institutional review board;  and
(2)  the institutional review board specifically reviews the patient's consent under the approved protocol.
Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter I. Use of Video Technology at Proceedings › Section 574.201. Application of Subchapter

Sec. 574.201.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a hearing or proceeding related to court-ordered mental health services under this chapter.
Added by Acts 2003, 78th Leg., ch. 358, Sec. 3, eff. June 18, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter I. Use of Video Technology at Proceedings › Section 574.202. Certain Testimony by Closed-Circuit Video Teleconferencing Permitted

Sec. 574.202.  CERTAIN TESTIMONY BY CLOSED-CIRCUIT VIDEO TELECONFERENCING PERMITTED.  (a)  A judge or magistrate may permit a physician or a nonphysician mental health professional to testify at a hearing or proceeding by closed-circuit video teleconferencing if:
(1)  closed-circuit video teleconferencing is available to the judge or magistrate for that purpose;
(2)  the proposed patient and the attorney representing the proposed patient do not file with the court a written objection to the use of closed-circuit video teleconferencing;
(3)  the closed-circuit video teleconferencing system provides for a simultaneous, compressed full-motion video and interactive communication of image and sound between all persons involved in the hearing;  and
(4)  on request of the proposed patient, the proposed patient and the proposed patient's attorney can communicate privately without being recorded or heard by the judge or magistrate or by the attorney representing the state.
(b)  The judge or magistrate must provide written notice of the use of closed-circuit video teleconferencing to the proposed patient, the proposed patient's attorney, and the attorney representing the state not later than the third day before the date of the hearing.
(c)  On motion of the proposed patient or of the attorney representing the state the court shall, or on the court's discretion the court may, terminate testimony by closed-circuit video teleconferencing under this section at any time during the testimony and require the physician or nonphysician mental health professional to testify in person.
(d)  A recording of the testimony under Subsection (a) shall be made and preserved with the court's record of the hearing.
Added by Acts 2003, 78th Leg., ch. 358, Sec. 3, eff. June 18, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter I. Use of Video Technology at Proceedings › Section 574.203. Use of Secure Electronic Communication Method in Certain Proceedings Under This Chapter

Sec. 574.203.  USE OF SECURE ELECTRONIC COMMUNICATION METHOD IN CERTAIN PROCEEDINGS UNDER THIS CHAPTER.  (a)  A hearing may be conducted in accordance with this chapter but conducted by secure electronic means, including satellite transmission, closed-circuit television transmission, or any other method of two-way electronic communication that is secure, available to the parties, approved by the court, and capable of visually and audibly recording the proceedings, if:
(1)  written consent to the use of a secure electronic communication method for the hearing is filed with the court by:
(A)  the proposed patient or the attorney representing the proposed patient; and
(B)  the county or district attorney, as appropriate;
(2)  the secure electronic communication method provides for a simultaneous, compressed full-motion video, and interactive communication of image and sound among the judge or associate judge, the county or district attorney, the attorney representing the proposed patient, and the proposed patient; and
(3)  on request of the proposed patient or the attorney representing the proposed patient, the proposed patient and the attorney can communicate privately without being recorded or heard by the judge or associate judge or by the county or district attorney.
(b)  On the motion of the patient or proposed patient, the attorney representing the patient or proposed patient, or the county or district attorney or on the court's own motion, the court may terminate an appearance made through a secure electronic communication method at any time during the appearance and require an appearance by the patient or proposed patient in open court.
(c)  The court shall provide for a recording of the communication to be made and preserved until any appellate proceedings have been concluded.  The patient or proposed patient may obtain a copy of the recording on payment of a reasonable amount to cover the costs of reproduction or, if the patient or proposed patient is indigent, the court shall provide a copy on the request of the patient or proposed patient without charging a cost for the copy.
Added by Acts 2007, 80th Leg., R.S., Ch. 1145 (S.B. 778), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter A. Admission Procedures › Section 575.001. Authorization for Admission

Sec. 575.001.  AUTHORIZATION FOR ADMISSION.  (a)  The facility administrator of an inpatient mental health facility may admit and detain a patient under the procedures prescribed by this subtitle.
(b)  The facility administrator of an inpatient mental health facility operated by a community center or other entity the department designates to provide mental health services may not admit or detain a patient under an order for temporary or extended court-ordered mental health services unless the facility is licensed under Chapter 577.
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 C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter A. Admission Procedures › Section 575.002. Admission of Voluntary Patient to Private Mental Hospital

Sec. 575.002.  ADMISSION OF VOLUNTARY PATIENT TO PRIVATE MENTAL HOSPITAL.  This subtitle does not prohibit the voluntary admission of a patient to a private mental hospital in any lawful manner.
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 C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter A. Admission Procedures › Section 575.003. Admission of Persons With Chemical Dependency and Persons Charged With Criminal Offense

Sec. 575.003.  ADMISSION OF PERSONS WITH CHEMICAL DEPENDENCY AND PERSONS CHARGED WITH CRIMINAL OFFENSE.  This subtitle does not affect the admission to a state mental health facility of:
(1)  a person with a chemical dependency admitted under Chapter 462; or
(2)  a person charged with a criminal offense admitted under Subchapter D or E, Chapter 46B, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 35, Sec. 13, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1385, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.011. Transfer to Department Mental Health Facility or Local Mental Health Authority

Sec. 575.011.  TRANSFER TO DEPARTMENT MENTAL HEALTH FACILITY OR LOCAL MENTAL HEALTH AUTHORITY.  (a)  The department may transfer a patient, if the transfer is considered advisable, from an inpatient mental health facility operated by the department to:
(1)  another inpatient mental health facility operated by the department;  or
(2)  a mental health facility deemed suitable by the local mental health authority if the authority consents.
(b)  A local mental health authority may transfer a patient from one authority facility to another if the transfer is considered advisable.
(c)  A voluntary patient may not be transferred under Subsection (a) or (b) without the patient's consent.
(d)  The facility administrator of an inpatient mental health facility may, for any reason, transfer an involuntary patient to a mental health facility deemed suitable by the local mental health authority for the area.
(e)  The facility administrator shall notify the committing court and the local mental health authority before transferring a patient under Subsection (d).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 367, Sec. 16, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.012. Transfer of Person With an Intellectual Disability to an Inpatient Mental Health Facility Operated by the Department

Sec. 575.012.  TRANSFER OF PERSON WITH AN INTELLECTUAL DISABILITY TO AN INPATIENT MENTAL HEALTH FACILITY OPERATED BY THE DEPARTMENT.  (a)  An inpatient mental health facility may not transfer a patient who is also a person with an intellectual disability to a department mental health facility unless, before initiating the transfer, the facility administrator of the inpatient mental health facility obtains from the commissioner a determination that space is available in a department facility unit that is specifically designed to serve such a person.
(b)  The department shall maintain an appropriate number of hospital-level beds for persons with an intellectual disability who are committed for court-ordered mental health services to meet the needs of the local mental health authorities.  The number of beds the department maintains must be determined according to the previous year's need.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 367, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1386, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.013. Transfer of Person With an Intellectual Disability to State Supported Living Center

Sec. 575.013.  TRANSFER OF PERSON WITH AN INTELLECTUAL DISABILITY TO STATE SUPPORTED LIVING CENTER.  (a)  The facility administrator of an inpatient mental health facility operated by the department may transfer an involuntary patient in the facility to a state supported living center for persons with an intellectual disability if:
(1)  an examination of the patient indicates that the patient has symptoms of an intellectual disability to the extent that training, education, rehabilitation, care, treatment, and supervision in a state supported living center are in the patient's best interest;
(2)  the director of the state supported living center to which the patient is to be transferred agrees to the transfer; and
(3)  the facility administrator coordinates the transfer with the director of that state supported living center.
(b)  A certificate containing the diagnosis and the facility administrator's recommendation of transfer to a specific state supported living center shall be furnished to the committing court.
(c)  The patient may not be transferred before the judge of the committing court enters an order approving the transfer.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 367, Sec. 18, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1387, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1388, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.014. Transfer to Private Mental Hospital

Sec. 575.014.  TRANSFER TO PRIVATE MENTAL HOSPITAL.  The hospital administrator of a private mental hospital may transfer a patient to another private mental hospital, or the department may transfer a patient to a private mental hospital, at no expense to the state if:
(1)  the patient or the patient's guardian or next friend signs an application requesting the transfer at the patient's or applicant's expense;
(2)  the hospital administrator of the private mental hospital to which the person is to be transferred agrees in writing to admit the patient and to accept responsibility for the patient as prescribed by this subtitle;  and
(3)  written notice of the transfer is sent to the committing court.
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 C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.015. Transfer to Federal Facility

Sec. 575.015.  TRANSFER TO FEDERAL FACILITY.  The department or the hospital administrator of a private mental hospital may transfer an involuntary patient to a federal agency if:
(1)  the federal agency sends notice that facilities are available and that the patient is eligible for care or treatment in a facility;
(2)  notice of the transfer is sent to the committing court;  and
(3)  the committing court enters an order approving the transfer.
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 C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.016. Transfer From Facility of Texas Department of Criminal Justice

Sec. 575.016.  TRANSFER FROM FACILITY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.  (a)  The Texas Department of Criminal Justice shall transfer a patient committed to an inpatient mental health facility under Section 574.044 to a noncorrectional mental health facility on the day the inmate is released on parole or mandatory supervision.
(b)  A patient transferred to a department mental health facility shall be transferred as prescribed by Section 575.011 or 575.012 to the facility that serves the location to which the patient is released on parole or mandatory supervision.
(c)  The mental health facility to which a patient is transferred under this section is solely responsible for the patient's treatment.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.110, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.111, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 575 - Admission and Transfer Procedures for Inpatient Services › Subchapter B. Transfer Procedures › Section 575.017. Transfer of Records

Sec. 575.017.  TRANSFER OF RECORDS.  The facility administrator of the transferring inpatient mental health facility shall send the patient's appropriate hospital records, or a copy of the records, to the hospital or facility administrator of the mental hospital or state supported living center to which the patient is transferred.
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. 3.1389, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.001. Rights Under Constitution and Law

Sec. 576.001.  RIGHTS UNDER CONSTITUTION AND LAW.  (a)  A person with mental illness in this state has the rights, benefits, responsibilities, and privileges guaranteed by the constitution and laws of the United States and this state.
(b)  Unless a specific law limits a right under a special procedure, a patient has:
(1)  the right to register and vote at an election;
(2)  the right to acquire, use, and dispose of property, including contractual rights;
(3)  the right to sue and be sued;
(4)  all rights relating to the grant, use, and revocation of a license, permit, privilege, or benefit under law;
(5)  the right to religious freedom;  and
(6)  all rights relating to domestic relations.
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 C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.002. Presumption of Competency

Sec. 576.002.  PRESUMPTION OF COMPETENCY.  (a)  The provision of court-ordered, emergency, or voluntary mental health services to a person is not a determination or adjudication of mental incompetency and does not limit the person's rights as a citizen, or the person's property rights or legal capacity.
(b)  There is a rebuttable presumption that a person is mentally competent unless a judicial finding to the contrary is made under the Estates Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1309, Sec. 2, eff. June 16, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.047, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.003. Writ of Habeas Corpus

Sec. 576.003.  WRIT OF HABEAS CORPUS.  A petition for a writ of habeas corpus must be filed in the court of appeals for the county in which the order is entered.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 994 (H.B. 2096), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.004. Effect on Guardianship

Sec. 576.004.  EFFECT ON GUARDIANSHIP.  This subtitle, or an action taken or a determination made under this subtitle, does not affect a guardianship established under law.
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 C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.005. Confidentiality of Records

Sec. 576.005.  CONFIDENTIALITY OF RECORDS.  Records of a mental health facility that directly or indirectly identify a present, former, or proposed patient are confidential unless disclosure is permitted by other state law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 1007, Sec. 1, eff. June 19, 1993;  Acts 1997, 75th Leg., ch. 481, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.0055. Disclosure of Name and Birth and Death Dates for Certain Purposes

Sec. 576.0055.  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 administrator of a mental health facility shall release to the representative the name, date of birth, or date of death of a person who was a patient 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. 1, eff. May 27, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.006. Rights Subject to Limitation

Sec. 576.006.  RIGHTS SUBJECT TO LIMITATION.  (a)  A patient in an inpatient mental health facility has the right to:
(1)  receive visitors;
(2)  communicate with a person outside the facility by telephone and by uncensored and sealed mail;  and
(3)  communicate by telephone and by uncensored and sealed mail with legal counsel, the department, the courts, and the state attorney general.
(b)  The rights provided in Subsection (a) are subject to the general rules of the facility.  The physician ultimately responsible for the patient's treatment may also restrict a right only to the extent that the restriction is necessary to the patient's welfare or to protect another person but may not restrict the right to communicate with legal counsel, the department, the courts, or the state attorney general.
(c)  If a restriction is imposed under this section, the physician ultimately responsible for the patient's treatment shall document the clinical reasons for the restriction and the duration of the restriction in the patient's clinical record.  That physician shall inform the patient and, if appropriate, the patient's parent, managing conservator, or guardian of the clinical reasons for the restriction and the duration of the restriction.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.06, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.007. Notification of Release

Sec. 576.007.  NOTIFICATION OF RELEASE.  (a)  The department or facility shall make a reasonable effort to notify an adult patient's family before the patient is discharged or released from a facility providing voluntary or involuntary mental health services if the patient grants permission for the notification.
(b)  The department shall notify each adult patient of the patient's right to have his family notified under this section.
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 C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.008. Notification of Protection and Advocacy System

Sec. 576.008.  NOTIFICATION OF PROTECTION AND ADVOCACY SYSTEM.  A patient shall be informed in writing, at the time of admission and discharge, of the existence, purpose, telephone number, and address of the protection and advocacy system established in this state under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. Sec. 10801, et seq.).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.51, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 705, Sec. 4.06, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.009. Notification of Rights

Sec. 576.009.  NOTIFICATION OF RIGHTS.  A patient receiving involuntary inpatient mental health services shall be informed of the rights provided by this subtitle:
(1)  orally, in simple, nontechnical terms, and in writing that, if possible, is in the person's primary language;  or
(2)  through the use of a means reasonably calculated to communicate with a hearing impaired or visually impaired person, if applicable.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.07, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter A. General Rights › Section 576.010. Notification of Trust Exemption

Sec. 576.010.  NOTIFICATION OF TRUST EXEMPTION.  (a)  At the time a patient is admitted to an inpatient mental health facility for voluntary or involuntary inpatient mental health services, the facility shall provide to the patient, and the parent if the patient is a minor or the guardian of the person of the patient, written notice, in the person's primary language, that a trust that qualifies under Section 552.018 is not liable for the patient's support.  In addition, the facility shall ensure that, within 24 hours after the patient is admitted to the facility, the notification is explained to the patient:
(1)  orally, in simple, nontechnical terms in the patient's primary language, if possible; or
(2)  through a means reasonably calculated to communicate with a patient who has an impairment of vision or hearing, if applicable.
(b)  Notice required under Subsection (a) must also be attached to any request for payment for the patient's support.
(c)  This section applies only to state-operated mental health facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 481 (S.B. 584), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter B. Rights Relating to Treatment › Section 576.021. General Rights Relating to Treatment

Sec. 576.021.  GENERAL RIGHTS RELATING TO TREATMENT.  (a)  A patient receiving mental health services under this subtitle has the right to:
(1)  appropriate treatment for the patient's mental illness in the least restrictive appropriate setting available;
(2)  not receive unnecessary or excessive medication;
(3)  refuse to participate in a research program;
(4)  an individualized treatment plan and to participate in developing the plan;  and
(5)  a humane treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs.
(b)  Participation in a research program does not affect a right provided by this chapter.
(c)  A right provided by this section may not be waived by the patient, the patient's attorney or guardian, or any other person acting on behalf of the patient.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1309, Sec. 3, eff. June 16, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter B. Rights Relating to Treatment › Section 576.022. Adequacy of Treatment

Sec. 576.022.  ADEQUACY OF TREATMENT.  (a)  The facility administrator of an inpatient mental health facility shall provide adequate medical and psychiatric care and treatment to every patient in accordance with the highest standards accepted in medical practice.
(b)  The facility administrator of an inpatient mental health facility may give the patient accepted psychiatric treatment and therapy.
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 C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter B. Rights Relating to Treatment › Section 576.023. Periodic Examination

Sec. 576.023.  PERIODIC EXAMINATION.  The facility administrator is responsible for the examination of each patient of the facility at least once every six months and more frequently as practicable.
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 C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter B. Rights Relating to Treatment › Section 576.024. Use of Physical Restraint

Sec. 576.024.  USE OF PHYSICAL RESTRAINT.  (a)  A physical restraint may not be applied to a patient unless a physician prescribes the restraint.
(b)  A physical restraint shall be removed as soon as possible.
(c)  Each use of a physical restraint and the reason for the use shall be made a part of the patient's clinical record.  The physician who prescribed the restraint shall sign the record.
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 C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter B. Rights Relating to Treatment › Section 576.026. Independent Evaluation

Sec. 576.026.  INDEPENDENT EVALUATION.  (a)  A patient receiving inpatient mental health services under this subtitle is entitled to obtain at the patient's cost an independent psychiatric, psychological, or medical examination or evaluation by a psychiatrist, physician, or nonphysician mental health professional chosen by the patient.  The facility administrator shall allow the patient to obtain the examination or evaluation at any reasonable time.
(b)  If the patient is a minor, the minor and the minor's parent, legal guardian, or managing or possessory conservator is entitled to obtain the examination or evaluation.  The cost of the examination or evaluation shall be billed by the professional who performed the examination or evaluation to the person responsible for payment of the minor's treatment as a cost of treatment.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.09, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 576 - Rights of Patients › Subchapter B. Rights Relating to Treatment › Section 576.027. List of Medications

Sec. 576.027.  LIST OF MEDICATIONS.  (a)  The facility administrator of an inpatient mental health facility shall provide to a patient, a person designated by the patient, and the patient's legal guardian or managing conservator, if any, a list of the medications prescribed for administration to the patient while the patient is in the facility.  The list must include for each medication:
(1)  the name of the medication;
(2)  the dosage and schedule prescribed for the administration of the medication;  and
(3)  the name of the physician who prescribed the medication.
(b)  The list must be provided within four hours after the facility administrator receives a written request for the list from the patient, a person designated by the patient, or the patient's legal guardian or managing conservator and on the discharge of the patient.  If sufficient time to prepare the list before discharge is not available, the list may be mailed within 24 hours after discharge to the patient, a person designated by the patient, and the patient's legal guardian or managing conservator.
(c)  A patient or the patient's legal guardian or managing conservator, if any, may waive the right of any person to receive the list of medications while the patient is participating in a research project if release of the list would jeopardize the results of the project.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.10, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 577 - Private Mental Hospitals and Other Mental Health Facilities › Subchapter A. General Provisions; Licensing and Penalties › Section 577.001. License Required

Sec. 577.001.  LICENSE REQUIRED.  (a)  A person or political subdivision may not operate a mental hospital without a license issued by the department under this chapter.
(b)  A community center or other entity designated by the department to provide mental health services may not operate a mental health facility that provides court-ordered mental health services without a license issued by the department under this chapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 573, Sec. 4.02, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1390, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 577 - Private Mental Hospitals and Other Mental Health Facilities › Subchapter A. General Provisions; Licensing and Penalties › Section 577.002. Exemptions

Sec. 577.002.  EXEMPTIONS.  (a)  A mental health facility operated by the department or a federal agency need not be licensed under this chapter.
(b)  This chapter does not apply to a psychiatric residential youth treatment facility certified under Chapter 577A.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 573, Sec. 4.04, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1391, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 577 - Private Mental Hospitals and Other Mental Health Facilities › Subchapter A. General Provisions; Licensing and Penalties › Section 577.003. Additional License Not Required

Sec. 577.003.  ADDITIONAL LICENSE NOT REQUIRED.  A mental hospital licensed under this chapter that the department designates to provide mental health services is not required to obtain an additional license to provide court-ordered mental health services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 573, Sec. 4.04, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1392, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 577 - Private Mental Hospitals and Other Mental Health Facilities › Subchapter A. General Provisions; Licensing and Penalties › Section 577.004. License Application

Sec. 577.004.  LICENSE APPLICATION.  (a)  An applicant for a license under this chapter must submit a sworn application to the department on a form prescribed by the department.
(b)  The department shall prepare the application form and make the form available on request.
(c)  The application must be accompanied by a nonrefundable application fee and by a license fee.  The department shall return the license fee if the application is denied.
(d)  The application must contain:
(1)  the name and location of the mental hospital or mental health facility;
(2)  the name and address of the physician to be in charge of the hospital care and treatment of the patients;
(3)  the names and addresses of the mental hospital owners, including the officers, directors, and principal stockholders if the owner is a corporation or other association, or the names and addresses of the members of the board of trustees of the community center or the directors of the entity designated by the department to provide mental health services;
(4)  the bed capacity to be authorized by the license;
(5)  the number, duties, and qualifications of the professional staff;
(6)  a description of the equipment and facilities of the mental hospital or mental health facility;  and
(7)  other information required by the department, including affirmative evidence of ability to comply with the department's rules and standards.
(e)  The applicant must submit a plan of the mental hospital or mental health facility premises that describes the buildings and grounds and the manner in which the various parts of the premises are intended to be used.
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 C - Texas Mental Health Code › Chapter 577 - Private Mental Hospitals and Other Mental Health Facilities › Subchapter A. General Provisions; Licensing and Penalties › Section 577.005. Investigation and License Issuance

Sec. 577.005.  INVESTIGATION AND LICENSE ISSUANCE.  (a)  The department shall conduct an investigation as considered necessary after receiving the proper license application and the required fees.
(b)  The department shall issue a license if it finds that the premises are suitable and that the applicant is qualified to operate a mental hospital or a mental health facility that provides court-ordered inpatient mental health services, in accordance with the requirements and standards prescribed by law and the department.
(c)  A license is issued to the applicant for the premises described and for the bed capacity specified by the license.
(d)  The license is not transferable or assignable.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.