reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter C. Services and Programs › Section 461A.105. Relapse Rate Reporting

Sec. 461A.105.  RELAPSE RATE REPORTING.  (a)  A treatment program provided or funded by the department shall report to the department on the effectiveness of the chemical dependency treatment program.
(b)  The report must show to the extent possible, without violating the confidentiality of information received by the program, the rate of relapse of persons who have received treatment services.
(c)  The executive commissioner by rule may provide for the content of a report and the procedure for reporting under this section.  Reports must be uniform in classifications of persons receiving treatment according to the severity of addiction, substance abused, age of person treated, and modality of treatment.  A report may not reveal the name of an individual subject to treatment or of a family member or acquaintance of an individual treated and may not describe circumstances from which any of those individuals may be identified.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter C. Services and Programs › Section 461A.106. Compulsive Gambling Program

Sec. 461A.106.  COMPULSIVE GAMBLING PROGRAM.  (a)  The department shall establish a program for:
(1)  public education, research, and training regarding problem or compulsive gambling;  and
(2)  the treatment and prevention of problem or compulsive gambling.
(b)  The department's program under Subsection (a) must include:
(1)  establishing and maintaining a list of Internet sites and toll-free "800" telephone numbers of nonprofit entities that provide crisis counseling and referral services to families experiencing difficulty as a result of problem or compulsive gambling;
(2)  promoting public awareness regarding the recognition and prevention of problem or compulsive gambling;
(3)  facilitating, through in-service training and other means, the availability of effective assistance programs for problem or compulsive gamblers;  and
(4)  conducting studies to identify adults and juveniles in this state who are, or who are at risk of becoming, problem or compulsive gamblers.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter D. Service Contracts › Section 461A.151. Client Service Contract Standards

Sec. 461A.151.  CLIENT SERVICE CONTRACT STANDARDS.  (a)  In each contract for the purchase of chemical dependency program-related client services, the department shall include:
(1)  clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives;
(2)  clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and
(3)  clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
(b)  Contract goals must include a standard developed by the department that is based on a percentage of program clients who maintain long-term recovery for an extended period as defined by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter D. Service Contracts › Section 461A.152. Contract Monitoring

Sec. 461A.152.  CONTRACT MONITORING.  The department shall establish a formal program to monitor program-related client services contracts made by the department.  The department must:
(1)  monitor compliance with financial and performance requirements using a risk assessment methodology; and
(2)  obtain and evaluate program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter D. Service Contracts › Section 461A.153. Technical Assistance Program

Sec. 461A.153.  TECHNICAL ASSISTANCE PROGRAM.  The department shall adopt technical assistance policies and procedures for a technical assistance program that:
(1)  is clearly separate from the department's contract monitoring activities;
(2)  has a single office for technical assistance requests; and
(3)  includes explicit response time frames.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter E. Funding › Section 461A.201. Finances

Sec. 461A.201.  FINANCES.  (a)  The department may accept gifts and grants for the purposes of providing chemical dependency services and related programs.
(b)  The department is the state agency that receives and administers federal funds for alcohol and drug abuse, including applying for, administering, and disbursing funds under the federal Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. Section 1101 et seq.).  The executive commissioner prescribes all necessary department policies relating to alcohol and drug abuse.
(c)  An organization or other entity is not eligible for a grant of state funds from the department under this chapter unless the organization or entity provides matching funds in either cash or in-kind contributions equal to at least five percent of the total grant of state funds from the department.  The department may waive that requirement if the department determines that the requirement may jeopardize the provision of needed services.
(d)  In allocating grant funds, the department shall consider the state facility hospitalization rate of substance abusers who are from the service area of the entity requesting the grant.  An organization or other entity is not eligible for a grant of state funds for a treatment or rehabilitation program unless the program will, at a minimum, reduce state facility hospitalization of substance abusers by a percentage established by the department.
(e)  As a condition to receiving contract or grant funds under this chapter, a public or private organization or entity must provide to the department information relating to:
(1)  the number of persons with a chemical dependency the organization or entity served, if any, during the preceding year, the municipalities and counties of residence of those persons, and the number of persons served from each municipality and county; and
(2)  the number of persons with a chemical dependency the organization or entity expects to serve during the term of the requested grant or contract, the expected municipalities and counties of residence for those persons, and the expected number of persons served from each municipality and county.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter E. Funding › Section 461A.202. Services Funding

Sec. 461A.202.  SERVICES FUNDING.  (a)  The executive commissioner by rule shall adopt a system of funding the provision of chemical dependency services that includes competitive and noncompetitive procedures to:
(1)  maximize the range of treatment services available in each service region;
(2)  provide reasonable access in each region to available services; and
(3)  include local public participation in making regional funding decisions and formal funding recommendations.
(b)  The system must require that the department award each proposed chemical dependency services contract to the applicant that the department determines has made the bid that provides the best value.
(c)  In determining the best value bid for a contract under this section, the department shall consider:
(1)  the quality of the proposed service;
(2)  cost;
(3)  the applicant's ability to:
(A)  perform the contract;
(B)  provide the required services; and
(C)  provide continuity of service;
(4)  whether the applicant can perform the contract or provide the services within the period required, without delay or interference;
(5)  the applicant's history of:
(A)  contract performance; and
(B)  compliance with the laws relating to the applicant's business operations and the affected services;
(6)  whether the applicant's financial resources are sufficient to perform the contract and to provide the services;
(7)  whether necessary or desirable support and ancillary services are available to the applicant;
(8)  the degree of community support for the applicant;
(9)  the quality of the facilities and equipment available to or proposed by the applicant;
(10)  the ability of the applicant to meet all applicable written department policies, principles, and rules;
(11)  state investment in the applicant; and
(12)  other factors the department determines relevant.
(d)  Rules adopted under this section must set out the department's provider selection processes, including:
(1)  service purchase methods;
(2)  eligibility criteria;
(3)  provider selection criteria; and
(4)  selection determination procedures.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter E. Funding › Section 461A.203. Funding Policy Manual

Sec. 461A.203.  FUNDING POLICY MANUAL.  (a)  The department shall publish a funding policy manual that explains:
(1)  the department's funding priorities and provider selection criteria; and
(2)  the methods the department used to develop funding policies.
(b)  The department shall update the manual annually.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter E. Funding › Section 461A.204. Unit Rate Reimbursement

Sec. 461A.204.  UNIT RATE REIMBURSEMENT.  (a)  In this section, "unit rate reimbursement" means reimbursement for a service paid at a specified rate for a unit of the service provided to a client multiplied by the number of units provided.
(b)  The department shall study the procurement of and payment for chemical dependency treatment services on a unit rate reimbursement basis.
(c)  If the department determines, after consideration of the study, that procurement of and payment for chemical dependency treatment services on a unit rate reimbursement basis in appropriate areas of the state would result in obtaining the highest quality treatment services at the best price and the lowest administrative cost to the department, the department shall adopt a unit rate reimbursement system for those services.  The system must:
(1)  include competitive procurement;
(2)  monitor provider performance;
(3)  monitor the reasonableness of provider costs and expenditures;
(4)  verify provider costs before and after a contract term to ensure rates are set appropriately;
(5)  ensure accountability of providers; and
(6)  contain costs.
(d)  The department may procure and pay for chemical dependency prevention and intervention services under a unit rate reimbursement system when the department determines it is appropriate.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.002. Filing Requirements

Sec. 462.002.  FILING REQUIREMENTS.  (a)  Each application, petition, certificate, or other paper permitted or required to be filed in a court having original jurisdiction under this chapter must be filed with the county clerk of the proper county.
(b)  The county clerk shall file each paper after endorsing on it:
(1)  the date on which the paper is filed;
(2)  the docket number;  and
(3)  the clerk's official signature.
(c)  A person may initially file a paper with the county clerk by the use of reproduced, photocopied, or electronically transmitted paper if the person files the original signed copies of the paper with the clerk not later than the 72nd hour after the hour on which the initial filing is made.  If the 72-hour period ends on a Saturday, Sunday, or legal holiday, the filing period is extended until 4 p.m. on the first succeeding business day.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the filing period until 4 p.m. on the first succeeding business day.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.  If a person detained under this chapter would otherwise be released because the original signed copy of a paper is not filed within the 72-hour period but for the extension of the filing period under this section, the person may be detained until the expiration of the extended filing period.  This subsection does not affect another provision of this chapter requiring the release or discharge of a person.
(d)  If the clerk does not receive the original signed copy of a paper within the period prescribed by this section, the judge may dismiss the proceeding on the court's own motion or on the motion of a party and, if the proceeding is dismissed, shall order the immediate release of a proposed patient who is not at liberty.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 8, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 107, Sec. 5.03, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.0025. Court Hours

Sec. 462.0025.  COURT HOURS.  (a)  The probate court or court having probate jurisdiction shall be open for proceedings under this chapter during normal business hours.
(b)  The probate judge or magistrate shall be available at all times at the request of a person taken into custody or detained under Subchapter C or a proposed patient under Subchapter D.
Amended by Acts 1991, 72nd Leg., ch. 567, Sec. 9, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 14 (S.B. 348), Sec. 1, eff. May 3, 2005.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.003. Inspection of Court Records

Sec. 462.003.  INSPECTION OF COURT RECORDS.  (a)  Each paper in a docket for commitment proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the:
(1)  county judge;
(2)  judge of a court that has probate jurisdiction;  or
(3)  judge of a district court having jurisdiction in the county.
(b)  A judge may not issue an order under Subsection (a) unless the judge enters a finding that:
(1)  the use, inspection, or copying is justified and in the public interest;  or
(2)  the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.
(c)  In addition to the finding required by Subsection (b), if a law relating to confidentiality of mental health information or physician-patient privilege applies, the judge must find that the reasons for the use, inspection, or copying fall within the statutory exemptions.
(d)  The papers shall be released to an attorney representing the proposed patient in a proceeding held under this chapter.
(e)  This section does not affect access of law enforcement personnel to necessary information in the execution of a writ or warrant.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.004. Representation of State

Sec. 462.004.  REPRESENTATION OF STATE.  In a hearing on court-ordered treatment held under this chapter:
(1)  the county attorney shall represent the state;  or
(2)  if the county has no county attorney, the district attorney shall represent the state.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.005. Costs

Sec. 462.005.  COSTS.  (a)  The laws relating to the payment of the costs of commitment, support, maintenance, and treatment and to the securing of reimbursement for the actual costs applicable to court-ordered mental health, probation, or parole services apply to each item of expense incurred by the state or the county in connection with the commitment, care, custody, treatment, and rehabilitation of a person receiving care and treatment under this chapter.
(b)  A county that enters an order of commitment or detention under this chapter is liable for payment of the costs of any proceedings related to that order, including:
(1)  court-appointed attorney fees;
(2)  physician examination fees;
(3)  compensation for language or sign interpreters;
(4)  compensation for masters;  and
(5)  expenses to transport a patient to a hearing or to a treatment facility.
(c)  A county or the state is entitled to reimbursement from any of the following persons for costs actually paid by the county or state and that relate to an order of commitment or detention:
(1)  the patient;
(2)  the applicant;  or
(3)  a person or estate liable for the patient's support in a treatment facility.
(d)  On a motion of the county or district attorney or on the court's own motion, the court may require an applicant to file a cost bond with the court.
(e)  The state shall pay the costs of transporting a discharged patient to the patient's home or of returning to a treatment facility a patient absent without permission unless the patient or a person responsible for the patient is able to pay the costs.
(f)  The state or the county may not pay any costs for a patient committed to a private hospital unless no public facilities are available and unless authorized by the department or the commissioners court of the county, as appropriate.
(g)  Notwithstanding Subsection (c), a person who files an application for the commitment of another while acting in the person's capacity as an employee of a local mental health authority is not liable for the payment of any costs under this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 10, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1161, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.006. Writ of Habeas Corpus

Sec. 462.006.  WRIT OF HABEAS CORPUS.  This chapter does not limit a person's right to obtain a writ of habeas corpus.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.007. Limitation of Liability

Sec. 462.007.  LIMITATION OF LIABILITY.  (a)  A person who participates in the examination, certification, apprehension, custody, transportation, detention, commitment, treatment, or discharge of a proposed patient or in the performance of any act required or authorized by this chapter and who acts in good faith, reasonably, and without malice or negligence is not civilly or criminally liable for that action.
(b)  A physician performing a medical examination or providing information to a court in a court proceeding under this chapter or providing information to a peace officer to demonstrate the necessity to apprehend a person under Section 462.041 is considered an officer of the court and is not civilly or criminally liable for the examination or testimony when acting without malice.
(c)  A physician or inpatient mental health facility that discharges a voluntary patient is not liable for the discharge if:
(1)  a written request for the patient's release was filed and not withdrawn;  and
(2)  the person who filed the written request for release is notified that the person assumes all responsibility for the patient on discharge.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 11, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.008. Criminal Penalty; Enforcement

Sec. 462.008.  CRIMINAL PENALTY;  ENFORCEMENT.  (a)  A person commits an offense if the person intentionally causes, conspires with another person to cause, or assists another to cause the unwarranted commitment of a person to a treatment facility.
(b)  A person commits an offense if the person knowingly violates this chapter.
(c)  An individual who commits an offense under this section is subject on conviction to:
(1)  a fine of not less than $50 or more than $25,000 for each violation and each day of a continuing violation;
(2)  confinement in jail for not more than two years for each violation and each day of a continuing violation;  or
(3)  both fine and confinement.
(d)  A person other than an individual who commits an offense under this section is subject on conviction to a fine of not less than $500 or more than $100,000 for each violation and each day of a continuing violation.
(e)  If it is shown on the trial of an individual that the individual has previously been convicted of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $100 or more than $50,000 for each violation and each day of a continuing violation;
(2)  confinement in jail for not more than four years for each violation and each day of a continuing violation;  or
(3)  both fine and confinement.
(f)  If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under this section, the offense is punishable by a fine of not less than $1,000 or more than $200,000 for each violation and each day of a continuing violation.
(g)  The appropriate district or county attorney shall prosecute violations of this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 12, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 705, Sec. 3.05, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.010. Consent to Treatment at Certain Facilities

Sec. 462.010.  CONSENT TO TREATMENT AT CERTAIN FACILITIES.  (a)  A treatment facility licensed by the department under Chapter 464 may not provide treatment to a patient without the patient's legally adequate consent.
(b)  The executive commissioner by rule shall prescribe standards for obtaining a patient's legally adequate consent under this section, including rules prescribing reasonable efforts to obtain a patient's consent and requiring documentation for those efforts.
Added by Acts 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.011. Consent to Medication

Sec. 462.011.  CONSENT TO MEDICATION.  Consent to the administration of prescription medication given by a patient receiving treatment in a treatment facility licensed by the department under Chapter 464 or by a person authorized by law to consent on behalf of the patient is valid only if:
(1)  the consent is given voluntarily and without coercive or undue influence;
(2)  the patient and, if appropriate, the patient's representative authorized by law to consent on behalf of the patient are informed in writing that consent may be revoked; and
(3)  the consent is evidenced in the patient's clinical record by a signed form prescribed by the treatment facility or by a statement of the treating physician or a person designated by the physician that documents that consent was given by the appropriate person and the circumstances under which the consent was obtained.
Added by Acts 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.012. Right to Refuse Medication

Sec. 462.012.  RIGHT TO REFUSE MEDICATION.  (a)  Each patient receiving treatment in a treatment facility licensed by the department under Chapter 464 has the right to refuse unnecessary or excessive medication.
(b)  Medication may not be used by the treatment facility:
(1)  as punishment; or
(2)  for the convenience of the staff.
Added by Acts 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.013. Medication Information

Sec. 462.013.  MEDICATION INFORMATION.  (a)  The executive commissioner by rule shall require the treating physician of a patient admitted to a treatment facility licensed by the department under Chapter 464 or a person designated by the physician to provide to the patient in the patient's primary language, if possible, information relating to prescription medications ordered by the physician.
(b)  At a minimum, the required information must:
(1)  identify the major types of prescription medications; and
(2)  specify for each major type:
(A)  the conditions the medications are commonly used to treat;
(B)  the beneficial effects on those conditions generally expected from the medications;
(C)  side effects and risks associated with the medications;
(D)  commonly used examples of medications of the major type; and
(E)  sources of detailed information concerning a particular medication.
(c)  If the treating physician designates another person to provide the information under Subsection (a), then, not later than two working days after that person provides the information, excluding weekends and legal holidays, the physician shall meet with the patient and, if appropriate, the patient's representative who provided consent for the administration of the medications under Section 462.011, to review the information and answer any questions.
(d)  The treating physician or the person designated by the physician shall also provide the information to the patient's family on request, but only to the extent not otherwise prohibited by state or federal confidentiality laws.
Added by Acts 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.014. List of Medications

Sec. 462.014.  LIST OF MEDICATIONS.  (a)  On the request of a patient, a person designated by the patient, or the patient's legal guardian or managing conservator, if any, the facility administrator of a treatment facility licensed by the department under Chapter 464 shall provide to the patient, the person designated by the patient, and the patient's legal guardian or managing conservator, a list of the medications prescribed for administration to the patient while the patient is in the treatment 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 before the expiration of 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, if any.  If sufficient time to prepare the list before discharge is not available, the list may be mailed before the expiration of 24 hours after discharge to the patient, the 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 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter A. General Provisions › Section 462.015. Outpatient Treatment Services Provided Using Telecommunications or Information Technology

Sec. 462.015.  OUTPATIENT TREATMENT SERVICES PROVIDED USING TELECOMMUNICATIONS OR INFORMATION TECHNOLOGY.  (a)  An outpatient chemical dependency treatment program provided by a treatment facility licensed under Chapter 464 may provide services under the program to adult and adolescent clients, consistent with commission rule, using telecommunications or information technology.
(b)  The executive commissioner shall adopt rules to implement this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 624 (H.B. 4), Sec. 8, eff. June 15, 2021.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter B. Voluntary Treatment or Rehabilitation › Section 462.021. Voluntary Admission of Adult

Sec. 462.021.  VOLUNTARY ADMISSION OF ADULT.  A facility may admit an adult who requests admission for emergency or nonemergency treatment or rehabilitation if:
(1)  the facility is:
(A)  a treatment facility licensed by the department to provide the necessary services;
(B)  a facility licensed by the department under Title 7; or
(C)  a facility operated by the department under Title 7 that has been designated by the department to provide chemical dependency treatment; and
(2)  the admission is appropriate under the facility's admission policies.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 671, Sec. 2, eff. June 15, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1163, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter B. Voluntary Treatment or Rehabilitation › Section 462.022. Voluntary Admission of Minor

Sec. 462.022.  VOLUNTARY ADMISSION OF MINOR.  (a)  A facility may admit a minor for treatment and rehabilitation if:
(1)  the facility is:
(A)  a treatment facility licensed by the department to provide the necessary services to minors;
(B)  a facility licensed by the department under Title 7; or
(C)  a facility operated by the department under Title 7 that has been designated by the department to provide chemical dependency treatment;
(2)  the admission is appropriate under the facility's admission policies; and
(3)  the admission is requested by:
(A)  a parent, managing conservator, or guardian of the minor; or
(B)  the minor, without parental consent, if the minor is 16 years of age or older.
(b)  The admission of a minor under Subsection (a) is considered a voluntary admission.
(c)  A person or agency appointed as the guardian or a managing conservator of a minor and acting as an employee or agent of the state or a political subdivision of the state may request admission of the minor only with the minor's consent.
(d)  In this section, "minor" means an individual younger than 18 years of age for whom the disabilities of minority have not been removed.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 573, Sec. 3.03(a), eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 671, Sec. 3, eff. June 15, 1993;  Acts 2001, 77th Leg., ch. 1216, Sec. 3, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1164, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter B. Voluntary Treatment or Rehabilitation › Section 462.023. Discharge or Release

Sec. 462.023.  DISCHARGE OR RELEASE.  (a)  Except as provided by Subsection (b), a facility shall release a voluntary patient within a reasonable time, not to exceed 96 hours, after the patient requests in writing to be released.
(b)  A facility is not required to release the patient if before the end of the 96-hour period:
(1)  the patient files a written withdrawal of the request;
(2)  an application for court-ordered treatment or emergency detention is filed and the patient is detained in accordance with this chapter;  or
(3)  the patient is a minor under the age of 16 admitted with the consent of a parent, guardian, or conservator and that person, after consulting with facility personnel, objects in writing to the release of the patient.
(c)  Subsection (a) applies to a minor admitted under Section 462.022 if the request for release is made in writing to the facility by the person who requested the initial admission.
(d)  If extremely hazardous weather conditions exist or a disaster occurs, the facility administrator may request the judge of a court that has jurisdiction over proceedings brought under Subchapter D to extend the period during which the person may be detained.  The judge or a magistrate appointed by the judge may by written order made each day extend the period during which the person may be detained until 4 p.m. on the first succeeding business day.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 13, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1216, Sec. 4, eff. June 15, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter B. Voluntary Treatment or Rehabilitation › Section 462.024. Application for Court-Ordered Treatment During Voluntary Inpatient Care

Sec. 462.024.  APPLICATION FOR COURT-ORDERED TREATMENT DURING VOLUNTARY INPATIENT CARE.  (a)  An application for court-ordered treatment may not be filed against a patient receiving voluntary care under this subchapter unless:
(1)  a request for release of the patient has been filed;  or
(2)  in the opinion of the physician responsible for the patient's treatment, the patient meets the criteria for court-ordered treatment and:
(A)  is absent from the facility without authorization;
(B)  is unable to consent to appropriate and necessary treatment;  or
(C)  refuses to consent to necessary and appropriate treatment recommended by the physician responsible for the patient's treatment and that physician completes a certificate of medical examination for chemical dependency that, in addition to the information required by Section 462.064, includes the opinion of the physician that:
(i)  there is no reasonable alternative to the treatment recommended by the physician;  and
(ii)  the patient will not benefit from continued inpatient care without the recommended treatment.
(b)  The physician responsible for the patient's treatment shall notify the patient if the physician intends to file an application for court-ordered treatment.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 903, Sec. 1.15, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.042. Judge's or Magistrate's Order for Emergency Detention

Sec. 462.042.  JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY DETENTION.  (a)  An adult may file a written application for emergency detention of a minor or another adult.
(b)  The application must state:
(1)  that the applicant has reason to believe and does believe that the person who is the subject of the application is a person with a chemical dependency;
(2)  that the applicant has reason to believe and does believe that the person evidences a substantial risk of serious harm to the person or others;
(3)  a specific description of the risk of harm;
(4)  that the applicant has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
(5)  that the applicant's beliefs are derived from specific recent behavior, overt acts, attempts, or threats;
(6)  a detailed description of the specific behavior, acts, attempts, or threats; and
(7)  the relationship, if any, of the applicant to the person.
(c)  The application may be accompanied by any relevant information.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1167, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.043. Issuance of Warrant

Sec. 462.043.  ISSUANCE OF WARRANT.  (a)  An applicant for emergency detention must present the application personally to a judge or magistrate.  The judge or magistrate shall examine the application and may interview the applicant.  Except as provided by Subsection (f), the judge of a court with probate jurisdiction by administrative order may provide that the application must be:
(1)  presented personally to the court;  or
(2)  retained by court staff and presented to another judge or magistrate as soon as is practicable if the judge of the court is not available at the time the application is presented.
(b)  The judge or magistrate shall deny the application unless the judge or magistrate finds that there is reasonable cause to believe that:
(1)  the person who is the subject of the application is a person with a chemical dependency;
(2)  the person evidences a substantial risk of serious harm to the person or others;
(3)  the risk of harm is imminent unless the person is immediately restrained; and
(4)  the necessary restraint cannot be accomplished without emergency detention.
(c)  The judge or magistrate shall issue a warrant for the person's immediate apprehension if the judge or magistrate finds that each criteria under Subsection (b) is satisfied.
(d)  A person apprehended under this section shall be transported for a preliminary examination in accordance with Section 462.044 to:
(1)  a treatment facility;  or
(2)  another appropriate facility if a treatment facility is not readily available.
(e)  The warrant and copies of the application for the warrant shall be served on the person as soon as possible and transmitted to the facility.
(f)  If there is more than one court with probate jurisdiction in a county, an administrative order regarding presentation of an application must be jointly issued by all of the judges of those courts.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 243, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1168, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.044. Preliminary Examination

Sec. 462.044.  PRELIMINARY EXAMINATION.  (a)  A physician shall conduct a preliminary examination of the apprehended person as soon as possible within 24 hours after the time the person is apprehended under Section 462.041 or 462.043.
(b)  The person shall be released on completion of the preliminary examination unless the examining physician or the physician's designee provides a written opinion that the person meets the criteria specified by Section 462.043(b).
(c)  A person released under Subsection (b) is entitled to reasonably prompt return to the location of apprehension or other suitable place unless the person is arrested or objects to the return.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.045. Detention Period

Sec. 462.045.  DETENTION PERIOD.  (a)  A person apprehended under this subchapter may be detained for not longer than 24 hours after the time that the person is presented to the facility unless an application for court-ordered treatment is filed and a written order for further detention is obtained under Section 462.065.
(b)  If the 24-hour period ends on a Saturday, Sunday, or legal holiday, the person may be detained until 4 p.m. on the next day that is not a Saturday, Sunday, or legal holiday.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may, by written order made each day, extend by an additional 24 hours the period during which the person may be detained.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.046. Information to Be Provided on Admission

Sec. 462.046.  INFORMATION TO BE PROVIDED ON ADMISSION.  (a)  The personnel of a treatment facility shall immediately advise a person admitted under Section 462.044 that:
(1)  the person may be detained for treatment for not longer than 24 hours after the time of the initial detention unless an order for further detention is obtained;
(2)  if the administrator finds that the statutory criteria for emergency detention no longer apply, the administrator shall release the person;
(3)  not later than the 24th hour after the hour of the initial detention, the facility administrator may file in a court having original jurisdiction under this chapter a petition to have the person committed for court-ordered treatment under Subchapter D;
(4)  if the administrator files a petition for court-ordered treatment, the person is entitled to a judicial probable cause hearing not later than the 72nd hour after the hour the detention begins under an order of protective custody to determine whether the person should remain detained in the facility;
(5)  when the application for court-ordered services is filed, the person has the right to have counsel appointed if the person does not have an attorney;
(6)  the person has the right to communicate with counsel at any reasonable time and to have assistance in contacting the counsel;
(7)  the person's communications to the personnel of the treatment facility may be used in making a determination relating to detention, may result in the filing of a petition for court-ordered treatment, and may be used at a court hearing;
(8)  the person is entitled to present evidence and to cross-examine witnesses who testify on behalf of the petitioner at a hearing;
(9)  the person may refuse medication unless there is an imminent likelihood of serious physical injury to the person or others if the medication is refused;
(10)  beginning on the 24th hour before a hearing for court-ordered treatment, the person may refuse to take medication unless the medication is necessary to save the person's life;  and
(11)  the person is entitled to request that a hearing be held in the county of the person's residence, if the county is in the state.
(b)  The personnel of the treatment facility shall provide the information required by Subsection (a) to the person orally, in writing, and in simple, nontechnical terms.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.