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 404.155 - Rights of Persons Receiving Residential Mental Health Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Personal rights.
(1) The following personal rights shall be provided to all persons
											  receiving residential mental health services.
(A) The right to communicate
											  with persons outside the department facility, community center, or psychiatric hospital, in keeping with the
											  general rules of the facility, including:
(i) receiving visitors at
											  reasonable times and places, allowing for as much privacy as possible;
(ii) making phone calls at reasonable times, allowing for as much privacy
											  as possible; and
(iii) communicating by uncensored and sealed
											  mail with others, except in the following situations:
(I) When there is
											  reason to suspect that the mail contains items such as illicit drugs or weapons which may present imminent
											  risk of harm to the individual or others, the treating physician may authorize observing the opening of the
											  mail by writing a specific order into the individual's chart explaining the potential harm, the reason for
											  suspicion, and what mail is to be opened. The mail may then be opened by the individual in the presence of
											  two members of the individual's treatment team. After inspecting the mail and removing any items which might
											  present imminent risk of harm to the individual or others, the mail shall be given to the individual; those
											  observing the opening of the mail may not read it.
(II) If the
											  individual is unable to open personal mail because of a physical limitation, a staff member may assist if
											  documentation of the need for assistance is provided in the individual's record and if the individual
											  requests or agrees to such assistance. An order authorizing this assistance must be signed by the treating
											  physician and must be reviewed every seven days, except in the case of an individual with a chronic physical
											  limitation, when the order may remain in effect until there is an improvement in the individual's condition.
											  Other orders may be renewed as long as the condition exists. Staff members may offer to read mail to
											  individuals unable to read because of illiteracy, blindness, or other reason, but staff members may not read
											  the mail if the individual declines the offer.
(III) Employees
											  may observe the opening of packages received by individuals deemed not capable of protecting personal
											  property. An order authorizing this limitation must be signed by the treating physician and must be reviewed
											  every seven days, except in the case of an individual with a chronic limitation, when the order must be
											  reviewed at least every 30 days. A diagnosis of mental illness or mental retardation is not in itself
											  considered a chronic limitation. Any cash or articles received shall be recorded in the individual's record
											  and placed in appropriate safekeeping accessible to the individual.