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 577 - Private Mental Hospitals and Other Mental Health Facilities › Subchapter A. General Provisions; Licensing and Penalties › Section 577.006. Fees

Sec. 577.006.  FEES.  (a)  The department shall charge each hospital every two years a license fee for an initial license or a license renewal.
(b)  The executive commissioner by rule shall adopt the fees authorized by Subsection (a) in accordance with Section 12.0111 and according to a schedule under which the number of beds in the hospital determines the amount of the fee.   A minimum license fee may be established.
(c)  The executive commissioner by rule shall adopt fees for hospital plan reviews according to a schedule under which the amounts of the fees are based on the estimated construction costs.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(109), eff. April 2, 2015.
(e)  The department shall charge a fee for field surveys of construction plans reviewed under this section.  The executive commissioner by rule shall adopt a fee schedule for the surveys that provides a minimum fee and a maximum fee for each survey conducted.
(f)  The department annually shall review the fee schedules to ensure that the fees charged are based on the estimated costs to and level of effort expended by the department.
(g)  The executive commissioner may establish staggered license renewal dates and dates on which fees are due.
(h)  A fee adopted under this chapter must be based on the estimated cost to and level of effort expended by the department to conduct the activity for which the fee is imposed.
(i)  All license fees collected shall be deposited to the credit of the general revenue fund.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 8.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1393, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(109), 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 577.007. Change in Bed Capacity

Sec. 577.007.  CHANGE IN BED CAPACITY.  A mental hospital or mental health facility may increase the bed capacity authorized by the license at any time with the department's approval and may decrease the capacity at any time by notifying the department.
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 577.008. Requirement of Physician in Charge

Sec. 577.008.  REQUIREMENT OF PHYSICIAN IN CHARGE.  Each licensed private mental hospital shall be in the charge of a physician who has at least three years experience as a physician in psychiatry in a mental hospital or who is certified by the American Board of Psychiatry and Neurology or by the American Osteopathic Board of Psychiatry and Neurology.
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 577.009. Limitation on Certain Contracts

Sec. 577.009.  LIMITATION ON CERTAIN CONTRACTS.  A community center or other entity the department designates to provide mental health services may not contract with a mental health facility to provide court-ordered mental health services unless the facility is licensed by the department.
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. 3.1394, 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 577.010. Rules and Standards

Sec. 577.010.  RULES AND STANDARDS.  (a)  The executive commissioner shall adopt rules and standards the executive commissioner considers necessary and appropriate to ensure the proper care and treatment of patients in a private mental hospital or mental health facility required to obtain a license under this chapter.
(b)  The rules must encourage mental health facilities licensed under this chapter to provide inpatient mental health services in ways that are appropriate for the diversity of the state.
(c)  The standards for community-based crisis stabilization and crisis residential services must be less restrictive than the standards for mental hospitals.
(d)  The department shall send a copy of the rules to each mental hospital or mental health facility licensed 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. 4.05, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1395, 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 577.0101. Notification of Transfer or Referral

Sec. 577.0101.  NOTIFICATION OF TRANSFER OR REFERRAL.  (a)  The executive commissioner shall adopt rules governing the transfer or referral of a patient from a private mental hospital to an inpatient mental health facility.
(b)  The rules must provide that before a private mental hospital may transfer or refer a patient, the hospital must:
(1)  provide to the receiving inpatient mental health facility notice of the hospital's intent to transfer a patient;
(2)  provide to the receiving inpatient mental health facility information relating to the patient's diagnosis and condition;  and
(3)  obtain verification from the receiving inpatient mental health facility that the facility has the space, personnel, and services necessary to provide appropriate care to the patient.
(c)  The rules must also require that the private mental hospital send the patient's appropriate records, or a copy of the records, if any, to the receiving inpatient mental health facility.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 4.07, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1396, 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 577.011. Records and Reports

Sec. 577.011.  RECORDS AND REPORTS.  The department may require a license holder to make annual, periodical, or special reports to the department and to keep the records the department considers necessary to ensure compliance with this subtitle and the department's rules and standards.
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 577.012. Destruction of Records

Sec. 577.012.  DESTRUCTION OF RECORDS.  (a)  A private mental hospital licensed under this chapter may authorize the disposal of any medical record on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital.
(b)  If a patient was younger than 18 years of age when last treated, the hospital may authorize the disposal of records relating to the patient on or after the later of the patient's 20th birthday or the 10th anniversary of the date on which the patient was last treated.
(c)  The hospital may not destroy medical records that relate to any matter that is involved in litigation if the hospital knows that the litigation has not been finally resolved.
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 577.014. Oaths

Sec. 577.014.  OATHS.  The department or its agent may administer oaths, receive evidence, and examine witnesses in conducting an investigation or other proceeding under this chapter.
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 577.015. Subpoenas

Sec. 577.015.  SUBPOENAS.  (a)  The department or its agent, in conducting an investigation or other proceeding under this chapter, may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents or records anywhere in this state that are related to the matter under inquiry.
(b)  If a person refuses to obey a subpoena, the department may apply to the district court of Travis County for an order requiring obedience to the subpoena.
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 577.016. Denial, Suspension, Probation, or Revocation of License

Sec. 577.016.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license if the department finds that the applicant or licensee has substantially failed to comply with:
(1)  department rules;
(2)  this subtitle;  or
(3)  Chapters 104 and 225.
(b)  The department must give the applicant or license holder notice of the proposed action, an opportunity to demonstrate or achieve compliance, and an opportunity for a hearing before taking the action.
(c)  The department may suspend a license for 10 days pending a hearing if after an investigation the department finds that there is an immediate threat to the health or safety of the patients or employees of a private mental hospital or mental health facility licensed under this chapter.  The department may issue necessary orders for the patients' welfare.
(d)  The department shall send the license holder or applicant a copy of the department's decision by registered mail.  If the department denies, suspends, or revokes a license, the department shall include the findings and conclusions on which the department based its decision.
(e)  A license holder whose license is suspended or revoked may not admit new patients until the license is reissued.
(f)  If the department finds that a private mental hospital or mental health facility is in repeated noncompliance under Subsection (a) but that the noncompliance does not endanger public health and safety, the department may schedule the hospital or facility for probation rather than suspending or revoking the license of the hospital or facility.  The department shall provide notice to the hospital or facility of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the hospital or facility will remain under probation.  During the probation period, the hospital or facility must correct the items that were in noncompliance and report the corrections to the department for approval.
(g)  The department may suspend or revoke the license of a private mental hospital or mental health facility that does not comply with the applicable requirements within the applicable probation period.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 3.12, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 802, Sec. 14, 15, eff. June 20, 2003.
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 577.017. Hearings

Sec. 577.017.  HEARINGS.  (a)  The department's legal staff may participate in a hearing under this chapter.
(b)  The hearing proceedings shall be recorded in a form that can be transcribed if notice of appeal is filed.
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 577.018. Judicial Review of Department Decision

Sec. 577.018.  JUDICIAL REVIEW OF DEPARTMENT DECISION.  (a)  An applicant or license holder may appeal from a department decision by filing notice of appeal in the district court of Travis County and with the department not later than the 30th day after receiving a copy of the department's decision.
(b)  The department shall certify and file with the court a transcript of the case proceedings on receiving notice of appeal.  The transcript may be limited by stipulation.
(c)  The court shall hear the case on the record and may consider other evidence the court determines necessary to determine properly the issues involved.  The substantial evidence rule does not apply.
(d)  The court may affirm or set aside the department decision or may remand the case to the department for further proceedings.
(e)  The department shall pay the cost of the appeal unless the court affirms the department's decision, in which case the applicant or license holder shall pay the cost of the appeal.
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 577.019. Injunction

Sec. 577.019.  INJUNCTION.  (a)  The department, in the name of the state, may maintain an action in a district court of Travis County or in the county in which the violation occurs for an injunction or other process against any person to restrain the person from operating a mental hospital or mental health facility that is not licensed as required by this chapter.
(b)  The district court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.
(c)  At the request of the department or on the initiative of the attorney general or district or county attorney, the attorney general or the appropriate district or county attorney shall institute and conduct a suit authorized by this section in the name of the state.  The attorney general may recover reasonable expenses incurred in instituting and conducting a suit authorized by this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 3.13, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter A. General Provisions › Section 577A.001. Definitions

Sec. 577A.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Executive commissioner" means the executive commissioner of the commission.
(3)  "Psychiatric residential youth treatment facility" means a private facility that provides psychiatric health treatments and services in a residential, nonhospital setting exclusively to individuals who are 21 years of age or younger and is licensed as a general residential operation under Chapter 42, Human Resources Code.  The term includes a facility that provides room and board.
(4)  "Severe emotional disturbance" means a mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits an individual's role or ability to function in family, school, or community activities.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter A. General Provisions › Section 577A.002. Exemptions

Sec. 577A.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a mental hospital; or
(2)  a private mental hospital or other mental health facility licensed under Chapter 577.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter A. General Provisions › Section 577A.003. Licensing and Other Requirements Not Affected

Sec. 577A.003.  LICENSING AND OTHER REQUIREMENTS NOT AFFECTED.  This chapter does not affect any licensing or other requirements of or create a separate license for a psychiatric residential youth treatment facility under Chapter 42, Human Resources Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter A. General Provisions › Section 577A.004. Rules

Sec. 577A.004.  RULES.  The executive commissioner shall adopt rules necessary to implement this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter B. Certification, Fees, and Inspections › Section 577A.051. Voluntary Quality Standards Certification

Sec. 577A.051.  VOLUNTARY QUALITY STANDARDS CERTIFICATION.  The commission shall, using existing resources to the extent feasible, develop and implement a voluntary quality standards certification process to certify a psychiatric residential youth treatment facility that meets standards for certification under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter B. Certification, Fees, and Inspections › Section 577A.052. Certificate Application

Sec. 577A.052.  CERTIFICATE APPLICATION.  (a)  To obtain a certificate under this chapter, an applicant must submit to the commission an application in the form and manner prescribed by the commission.
(b)  Each application must be accompanied by a fee established by the executive commissioner under Section 577A.053.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter B. Certification, Fees, and Inspections › Section 577A.053. Fees

Sec. 577A.053.  FEES.  The executive commissioner by rule shall establish a nonrefundable certificate application fee and a nonrefundable certificate renewal fee in amounts necessary to cover the costs of administering this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter B. Certification, Fees, and Inspections › Section 577A.054. Issuance and Renewal of Certificate

Sec. 577A.054.  ISSUANCE AND RENEWAL OF CERTIFICATE.  (a)  The commission shall issue a certificate to an applicant if on inspection and investigation the commission determines the applicant meets the requirements of this chapter and commission rules.  The commission may not issue to an applicant a certificate under this chapter unless the applicant is licensed as a general residential operation under Chapter 42, Human Resources Code.
(b)  A certificate issued under this chapter expires on the second anniversary of the date the certificate is issued or renewed.
(c)  The commission shall renew a certificate if:
(1)  the certificate holder submits to the commission a fee established by the executive commissioner under Section 577A.053; and
(2)  on inspection and investigation the commission determines the certificate holder meets the requirements of this chapter and commission rules.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter B. Certification, Fees, and Inspections › Section 577A.055. Inspections

Sec. 577A.055.  INSPECTIONS.  In addition to the inspections required under Section 577A.054, the commission shall conduct an inspection not later than the first anniversary of the date a certificate is issued or renewed to ensure the certificate holder remains in compliance with the requirements of this chapter and commission rules.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter C. Regulation of Certified Psychiatric Residential Youth Treatment Facilities › Section 577A.101. Minimum Standards

Sec. 577A.101.  MINIMUM STANDARDS.  The executive commissioner by rule shall establish minimum standards for the certification of psychiatric residential youth treatment facilities under this chapter.  The minimum standards must require a facility to:
(1)  obtain accreditation by The Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or another accrediting organization approved by the commission; and
(2)  provide and prescribe guidelines for the provision of the following activities, treatments, and services:
(A)  development and implementation of individual plans of care, including the provision of services provided by a licensed psychiatrist or physician to develop individual plans of care;
(B)  individual therapy;
(C)  family engagement activities;
(D)  consultation services with qualified professionals, including case managers, primary care professionals, community-based mental health providers, school staff, and other support planners;
(E)  24-hour nursing services; and
(F)  direct care and supervision services, supportive services for daily living and safety, and positive behavior management services.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter C. Regulation of Certified Psychiatric Residential Youth Treatment Facilities › Section 577A.102. Admission Criteria

Sec. 577A.102.  ADMISSION CRITERIA.  A facility certified under this chapter may not admit or provide treatments or services to an individual unless the individual:
(1)  is 21 years of age or younger;
(2)  has been diagnosed with a severe emotional disturbance by a licensed mental health professional;
(3)  requires residential psychiatric treatment under the direction of a licensed physician to improve the individual's condition; and
(4)  was referred for treatments or services in a psychiatric residential youth treatment facility by a licensed mental health professional.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 577A - Psychiatric Residential Youth Treatment Facilities › Subchapter D. Enforcement › Section 577A.151. Penalties

Sec. 577A.151.  PENALTIES.  A facility certified under this chapter is subject to a civil penalty under Section 571.023 or an administrative penalty under Section 571.025, as applicable, for a violation of this chapter or a rule adopted under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1032 (H.B. 3121), Sec. 2, 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 578 - Electroconvulsive and Other Therapies › Section 578.001. Application

Sec. 578.001.  APPLICATION.  This chapter applies to the use of electroconvulsive therapy by any person, including a private physician who uses the therapy on an outpatient basis.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 578 - Electroconvulsive and Other Therapies › Section 578.002. Use of Electroconvulsive Therapy

Sec. 578.002.  USE OF ELECTROCONVULSIVE THERAPY.  (a)  Electroconvulsive therapy may not be used on a person who is younger than 16 years of age.
(b)  Unless the person consents to the use of the therapy in accordance with Section 578.003, electroconvulsive therapy may not be used on:
(1)  a person who is 16 years of age or older and who is voluntarily receiving mental health services;  or
(2)  an involuntary patient who is 16 years of age or older and who has not been adjudicated by an appropriate court of law as incompetent to manage the patient's personal affairs.
(c)  Electroconvulsive therapy may not be used on an involuntary patient who is 16 years of age or older and who has been adjudicated incompetent to manage the patient's personal affairs unless the patient's guardian of the person consents to the treatment in accordance with Section 578.003.  The decision of the guardian must be based on knowledge of what the patient would desire, if known.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 578 - Electroconvulsive and Other Therapies › Section 578.004. Withdrawal of Consent

Sec. 578.004.  WITHDRAWAL OF CONSENT.  (a)  A patient or guardian who consents to the administration of electroconvulsive therapy may revoke the consent for any reason and at any time.
(b)  Revocation of consent is effective immediately.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 578 - Electroconvulsive and Other Therapies › Section 578.005. Physician Requirement

Sec. 578.005.  PHYSICIAN REQUIREMENT.  (a)  Only a physician may administer electroconvulsive therapy.
(b)  A physician may not delegate the act of administering the therapy.  A nonphysician who administers electroconvulsive therapy is considered to be practicing medicine in violation of Subtitle B, Title 3, Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.805, 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 578 - Electroconvulsive and Other Therapies › Section 578.006. Registration of Equipment

Sec. 578.006.  REGISTRATION OF EQUIPMENT.  (a)  A person may not administer electroconvulsive therapy unless the equipment used to administer the therapy is registered with the department.
(b)  A mental hospital or facility administering electroconvulsive therapy or a private physician administering the therapy on an outpatient basis must file an application for registration under this section.  The applicant must submit the application to the department on a form prescribed by department rule.
(c)  The application must be accompanied by a nonrefundable application fee.  The executive commissioner by rule shall set the fee in a reasonable amount not to exceed the cost to the department to administer this section.
(d)  The application must contain:
(1)  the model, manufacturer, and age of each piece of equipment used to administer the therapy; and
(2)  any other information required by department rule.
(e)  The department may conduct an investigation as considered necessary after receiving the proper application and the required fee.
(f)  The executive commissioner by rule may prohibit the registration and use of equipment of a type, model, or age the executive commissioner determines is dangerous.
(g)  The department may deny, suspend, or revoke a registration if the department determines that the equipment is dangerous.  The denial, suspension, or revocation of a registration is a contested case under Chapter 2001, Government Code.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1398, 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 578 - Electroconvulsive and Other Therapies › Section 578.007. Reports

Sec. 578.007.  REPORTS.  (a)  A mental hospital or facility administering electroconvulsive therapy, psychosurgery, pre-frontal sonic sound treatment, or any other convulsive or coma-producing therapy administered to treat mental illness or a physician administering the therapy on an outpatient basis shall submit to the department quarterly reports relating to the administration of the therapy in the hospital or facility or by the physician.
(b)  A report must state for each quarter:
(1)  the number of patients who received the therapy, including:
(A)  the number of persons voluntarily receiving mental health services who consented to the therapy;
(B)  the number of involuntary patients who consented to the therapy; and
(C)  the number of involuntary patients for whom a guardian of the person consented to the therapy;
(2)  the age, sex, and race of the persons receiving the therapy;
(3)  the source of the treatment payment;
(4)  the average number of nonelectroconvulsive treatments;
(5)  the average number of electroconvulsive treatments administered for each complete series of treatments, but not including maintenance treatments;
(6)  the average number of maintenance electroconvulsive treatments administered per month;
(7)  the number of fractures, reported memory losses, incidents of apnea, and cardiac arrests without death;
(8)  autopsy findings if death followed within 14 days after the date of the administration of the therapy; and
(9)  any other information required by department rule.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1399, 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 578 - Electroconvulsive and Other Therapies › Section 578.008. Use of Information

Sec. 578.008.  USE OF INFORMATION.  The department shall use the information received under Sections 578.006 and 578.007 to analyze, audit, and monitor the use of electroconvulsive therapy, psychosurgery, pre-frontal sonic sound treatment, or any other convulsive or coma-producing therapy administered to treat mental illness.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 5.01, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 17, 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 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter A. General Provisions › Section 579.001. Purpose

Sec. 579.001.  PURPOSE.  The purpose of this chapter is to authorize certain hospital districts to create a special district to provide mental health services to the residents of the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter A. General Provisions › Section 579.002. Definitions

Sec. 579.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a district.
(2)  "Director" means a member of the board.
(3)  "District" means a mental health services district created by a hospital district under this chapter.
(4)  "Hospital district" means a hospital district created under the authority of Sections 4-11, Article IX, Texas Constitution.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter A. General Provisions › Section 579.003. Applicability

Sec. 579.003.  APPLICABILITY.  This chapter applies only to the:
(1)  Midland County Hospital District of Midland County, Texas; and
(2)  Ector County Hospital District.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter B. Creation and Dissolution of District › Section 579.051. Creation by Concurrent Orders

Sec. 579.051.  CREATION BY CONCURRENT ORDERS.  (a)  The hospital districts to which this chapter applies may create a district by adopting concurrent orders.
(b)  A concurrent order to create a district must:
(1)  be approved by the governing body of each creating hospital district;
(2)  contain identical provisions; and
(3)  define the boundaries of the district to be coextensive with the combined boundaries of each creating hospital district.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter B. Creation and Dissolution of District › Section 579.052. Contract Terms

Sec. 579.052.  CONTRACT TERMS.  (a)  Each creating hospital district shall contract with the district for the district to provide mental health services to the hospital district's residents.  The contract must:
(1)  state the term of the contract;
(2)  specify the purpose, terms, rights, and duties of the district, as authorized by this chapter;
(3)  specify the financial contributions to be made by each party to the contract to fund the district; and
(4)  specify the land, buildings, improvements, equipment, and other assets owned by a party to the contract that the district will be required to manage and operate, if any.
(b)  Chapter 791, Government Code, does not apply to a contract made under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter B. Creation and Dissolution of District › Section 579.053. Dissolution

Sec. 579.053.  DISSOLUTION.  A district shall be dissolved if the creating hospital districts adopt concurrent orders to dissolve the district and the concurrent orders contain identical provisions.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter B. Creation and Dissolution of District › Section 579.054. Administration of Property, Debts, and Assets After Dissolution

Sec. 579.054.  ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS AFTER DISSOLUTION.  (a)  After dissolution of a district under Section 579.053, the board shall continue to control and administer any property, debts, and assets of the district until all funds have been disposed of and all district debts have been paid or settled.
(b)  If, after administering any property and assets, the board determines that the district's property and assets are insufficient to pay the debts of the district, the district shall transfer the remaining debts to the creating hospital districts in proportion to the funds contributed to the district by each hospital district.
(c)  If, after complying with Subsection (b) and administering the property and assets, the board determines that unused funds remain, the board shall transfer the unused funds to the creating hospital districts in proportion to the funds contributed to the district by each hospital district.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter B. Creation and Dissolution of District › Section 579.055. Accounting After Dissolution

Sec. 579.055.  ACCOUNTING AFTER DISSOLUTION.  After the district has paid all its debts and has disposed of all its assets and funds as prescribed by Section 579.054, the board shall provide an accounting to each creating hospital district.  The accounting must show the manner in which the assets and debts of the district were distributed.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter C. Board of Directors › Section 579.101. Board of Directors; Terms; Vacancy

Sec. 579.101.  BOARD OF DIRECTORS; TERMS; VACANCY.  (a)  The board consists of six appointed directors. Each creating hospital district shall appoint three directors to the board.
(b)  Directors serve staggered two-year terms, with one-half of the directors' terms expiring each year.
(c)  A vacancy in the office of director shall be filled for the unexpired term in the same manner as the original appointment.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter C. Board of Directors › Section 579.102. Officers

Sec. 579.102.  OFFICERS.  (a)  The board shall elect from among its members a president.
(b)  The board shall appoint a secretary, who need not be a director.
(c)  Each officer of the board serves for a term of one year.
(d)  The board shall fill a vacancy in a board office for the unexpired term.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter C. Board of Directors › Section 579.103. Qualifications for Office

Sec. 579.103.  QUALIFICATIONS FOR OFFICE.  (a)  To be eligible to serve as a director, a person must be a resident or an officer of the hospital district that appoints the person under Section 579.101.
(b)  An employee of the district may not serve as a director.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter C. Board of Directors › Section 579.104. Compensation

Sec. 579.104.  COMPENSATION.  (a)  Directors and officers serve without compensation but may be reimbursed for actual expenses incurred in the performance of official duties.
(b)  Expenses reimbursed under this section must be:
(1)  reported in the district's minute book or other district records;  and
(2)  approved by the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter D. Powers and Duties › Section 579.151. Transfer of Certain Responsibilities of Creating Hospital District

Sec. 579.151.  TRANSFER OF CERTAIN RESPONSIBILITIES OF CREATING HOSPITAL DISTRICT.  On creation of a district, each creating hospital district may transfer to the district:
(1)  management and operation of any real property, improvements, and equipment located wholly in the district that are owned by the creating hospital district and are used to provide mental health services, as specified in the contract under Section 579.052; and
(2)  operating funds and reserves for operating expenses and funds that have been budgeted by the creating hospital district to provide mental health services for residents of the district, as specified in the contract under Section 579.052.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter D. Powers and Duties › Section 579.152. Powers and Duties

Sec. 579.152.  POWERS AND DUTIES.  A  district may, if necessary to provide mental health services to the residents of the creating hospital districts:
(1)  acquire and hold title to, construct, operate, manage, and maintain real property, including improvements to real property;
(2)  acquire, operate, manage, and maintain equipment and other personal property;
(3)  enter into and perform contracts;
(4)  appoint and employ officers, agents, and employees;
(5)  sue and be sued;
(6)  seek and accept gifts, grants, and donations; and
(7)  perform other acts necessary to accomplish the purpose of the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter D. Powers and Duties › Section 579.153. Rules

Sec. 579.153.  RULES.  The board may adopt rules governing the operation of the district and the duties, functions, and responsibilities of the district's staff and employees.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter D. Powers and Duties › Section 579.154. District Administrator; Assistant Administrator

Sec. 579.154.  DISTRICT ADMINISTRATOR; ASSISTANT ADMINISTRATOR.  (a)  The board shall appoint a qualified person as district administrator.
(b)  The board may appoint assistant administrators.
(c)  The district administrator and any assistant administrator serve at the will of the board and are entitled to the compensation determined by the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 579 - Mental Health Services Districts Created by Certain Hospital Districts › Subchapter E. General Financial Provisions › Section 579.201. District Funding; Limitation

Sec. 579.201.  DISTRICT FUNDING; LIMITATION.  (a)  Each creating hospital district shall provide funding for the district's operation as specified in the contract under Section 579.052.
(b)  The district may not impose a tax or issue bonds or other obligations.
Added by Acts 2023, 88th Leg., R.S., Ch. 120 (H.B. 492), Sec. 1, eff. September 1, 2023.