Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.154 - Rights of All Persons Receiving Mental Health Services

Current through Reg. 49, No. 28; July 12, 2024
Persons receiving mental health services from department facilities,
													 community centers, and psychiatric hospitals have the following rights.
(1) The rights, benefits, responsibilities, and privileges guaranteed by
											  the constitutions and laws of the United States and the State of Texas unless they have been restricted by
											  specific provisions of law. These rights include, but are not limited to, the right to impartial access to
											  and provision of treatment, regardless of race, nationality, religion, sex, ethnicity, sexual orientation,
											  age, or disability; the right to petition for habeas corpus; the right to register and vote at elections; the
											  right to acquire, use, and dispose of property including contractual rights; the right to sue and be sued;
											  all rights relating to the granting, use, and revocation of licenses, permits, privileges, and benefits under
											  law; the right to religious freedom; and rights concerning domestic relations.
(2) The right to presumption of mental competency in the absence of a
											  judicial determination to the contrary. Any questions regarding applicability of this right or a limitation
											  on it should be referred for appropriate legal advice.
(3) The
											  right to a humane treatment environment that ensures protection from harm, provides privacy to as great a
											  degree as possible with regard to personal needs, and promotes respect and dignity for each
											  individual.
(4) The right to appropriate treatment in the least
											  restrictive appropriate setting available consistent with the protection of the individual and the protection
											  of the community.
(5) The right to be informed of those rules and
											  regulations of the department facility, community center, or psychiatric hospital relating to expectations of
											  the individual's conduct. Staff must document in the medical record the date and manner in which this
											  information was provided.
(6) The right to communication in a
											  language and format understandable to the individual for all services provided.
(7) The right to participate actively in the development and periodic
											  review of an individualized treatment plan (extending to a parent or conservator of a minor, and the legal
											  guardian of the person, when applicable); and the right to a timely consideration of any request for the
											  participation of any other person in this process, with the right to be informed of the reasons for any
											  denial of such a request. Staff must document in the medical record that the parent, guardian, conservator,
											  or other person was notified of the date, time, and location of each meeting so that he or she could
											  participate.
(8) The right to explanations of the care,
											  procedures, and treatment to be provided; the risks, side effects, and benefits of all medications and
											  treatment procedures to be used, including those that are unusual or experimental; the alternative treatment
											  procedures that are available; and the possible consequences of refusing the treatment or procedure. This
											  right extends to the parent or conservator of a minor, the legal guardian of the person, when applicable, and
											  to any other person authorized by the individual served.
(9) The
											  right to refuse particular treatments without prejudice to participation in other programs, or without
											  compromising access to other treatments or services solely because of the refusal.
(10) The right to meet with the professional staff members responsible for
											  the individual's care and to be informed of their professional discipline, job title, and responsibilities.
											  In addition, the individual has the right to an explanation of the justification involving any proposed
											  change in the appointment of staff members responsible for the individual's care.
(11) The right to obtain an independent psychiatric, psychosocial,
											  psychological, or medical examination or evaluation by a psychiatrist, physician, or nonphysician mental
											  health professional of the individual's choice at the individual's own expense. The department facility,
											  community center, or psychiatric hospital administrator shall allow the individual to obtain the examination
											  or evaluation at any reasonable time. If the individual is a minor, the minor's parent, legal guardian, or
											  managing or possessory conservator is entitled to obtain the examination or evaluation.
(12) The right to be granted an in-house review of the individual treatment
											  plan or specific procedure upon reasonable request as provided for in the written procedures of the
											  department facility, community center, or psychiatric hospital.
(13) The right to an explanation of the justification of any transfer of
											  the individual to any program within or outside of the department facility, community center, or psychiatric
											  hospital.
(14) The right to participate actively in the
											  development of a discharge plan addressing aftercare issues which include the individual's mental health,
											  physical health, and social needs. This right extends to a parent or conservator of a minor, or the legal
											  guardian of the person, when applicable. The individual also has the right to a timely consideration of any
											  request for the participation of any other person in this discharge planning, with the right to be informed
											  of the reasons for any denial of such a request. Staff must document in the medical record that the parent,
											  guardian, conservator, or other person was notified of the date, time, and location of each meeting so that
											  he or she could participate.
(15) The right to information, upon
											  request, pertaining to the cost of services rendered (itemized when possible), the sources of the program's
											  reimbursement, and any limitations placed upon the duration of services. At department facilities and
											  community centers, no person will be denied services due to an inability to pay for them.
(16) The right to be free from unnecessary or excessive medication, which
											  includes the right to give or withhold informed consent to treatment with psychoactive medication, unless the
											  right has been limited by court order or in an emergency. This right extends to the parent or conservator of
											  a minor or the legal guardian of the person, if applicable. For individuals receiving inpatient services at
											  department facilities, community centers, or other mental health facilities when those services are operated
											  by the department or funded by the department through a contractual or other agreement, this right may only
											  be limited in accordance with the provisions of Chapter 405, Subchapter FF of this title (relating to Consent
											  to Treatment with Psychoactive Medication).
(17) The right to
											  give or withhold informed consent to participate in research programs without compromising access to services
											  to which the individual is otherwise entitled.
(18) The right to
											  give or withhold informed consent for the use or performance of any of the following (exceptions to this
											  right must be in accordance with applicable laws, standards, or, for department facilities and community
											  centers, department rules, and must be fully explained to the individual and the person authorized to give
											  consent, if applicable):
(A) surgical procedures;
(B) electroconvulsive therapy (prohibited for minors under the age of
											  16);
(C) unusual medications;
(D) behavior therapy when aversive procedures are used or a right otherwise
											  guaranteed in this rule is restricted;
(E) hazardous assessment
											  procedures;
(F) audiovisual equipment; and
(G) other procedures for which consent is required by law.