State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-321-provision-of-mental-health-chemical-dependency-and-rehabilitation-services

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 321. PROVISION OF MENTAL HEALTH, CHEMICAL DEPENDENCY, AND

REHABILITATION SERVICES

Sec. 321.001. DEFINITIONS. In this chapter:

(1) "Comprehensive medical rehabilitation" means the provision

of rehabilitation services that are designed to improve or

minimize a person's physical or cognitive disabilities, maximize

a person's functional ability, or restore a person's lost

functional capacity through close coordination of services,

communication, interaction, and integration among several

professions that share the responsibility to achieve team

treatment goals for the person.

(2) "Hospital" has the meaning assigned by Section 241.003.

(3) "License" means a state agency permit, certificate,

approval, registration, or other form of permission required by

state law.

(4) "Mental health facility" has the meaning assigned by Section

571.003.

(5) "State health care regulatory agency" means a state agency

that licenses a health care professional.

(6) "Treatment facility" has the meaning assigned by Section

464.001.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.002. BILL OF RIGHTS. (a) The Texas Board of Mental

Health and Mental Retardation, Texas Board of Health, and Texas

Commission on Alcohol and Drug Abuse by rule shall each adopt a

"patient's bill of rights" that includes the applicable rights

included in this chapter, Subtitle C of Title 7, Chapters 241,

462, 464, and 466, and any other provisions the agencies consider

necessary to protect the health, safety, and rights of a patient

receiving voluntary or involuntary mental health, chemical

dependency, or comprehensive medical rehabilitation services in

an inpatient facility. In addition, each agency shall adopt rules

that:

(1) provide standards to prevent the admission of a minor to a

facility for treatment of a condition that is not generally

recognized as responsive to treatment in an inpatient treatment

setting; and

(2) prescribe the procedure for presenting the applicable bill

of rights and obtaining each necessary signature if:

(A) the patient cannot comprehend the information because of

illness, age, or other factors; or

(B) an emergency exists that precludes immediate presentation of

the information.

(b) The Board of Protective and Regulatory Services by rule

shall adopt a "children's bill of rights" for a minor receiving

treatment in a child-care facility for an emotional, mental

health, or chemical dependency problem.

(c) A "bill of rights" adopted under this section must

specifically address the rights of minors and provide that a

minor is entitled to:

(1) appropriate treatment in the least restrictive setting

available;

(2) not receive unnecessary or excessive medication;

(3) an individualized treatment plan and to participate in the

development of the plan; and

(4) a humane treatment environment that provides reasonable

protection from harm and appropriate privacy for personal needs.

(d) Rules adopted under this section shall provide for:

(1) treatment of minors by persons who have specialized

education and training in the emotional, mental health, and

chemical dependency problems and treatment of minors;

(2) separation of minor patients from adult patients; and

(3) regular communication between a minor patient and the

patient's family, subject only to a restriction in accordance

with Section 576.006.

(e) The Texas Board of Health, Texas Board of Mental Health and

Mental Retardation, Texas Commission on Alcohol and Drug Abuse,

and Board of Protective and Regulatory Services shall consult

each other for assistance in adopting rules under this section.

(f) Before a facility may admit a patient for inpatient mental

health, chemical dependency, or comprehensive medical

rehabilitation services, or before a child-care facility may

accept a minor for treatment, the facility shall provide to the

person and, if appropriate, to the person's parent, managing

conservator, or guardian, a written copy of the applicable "bill

of rights" adopted under this section. The facility shall provide

the written copies in the person's primary language, if possible.

In addition, the facility shall ensure that, within 24 hours

after the person is admitted to the facility, the rights

specified in the written copy are explained to the person and, if

appropriate, to the person's parent, managing conservator, or

guardian:

(1) orally, in simple, nontechnical terms in the person's

primary language, if possible; or

(2) through a means reasonably calculated to communicate with a

person who has an impairment of vision or hearing, if applicable.

(g) The facility shall ensure that:

(1) each patient admitted for inpatient mental health, chemical

dependency, or comprehensive rehabilitation services and each

minor admitted for treatment in a child-care facility and, if

appropriate, the person's parent, managing conservator, or

guardian signs a copy of the document stating that the person has

read the document and understands the rights specified in the

document; and

(2) the signed copy is made a part of the person's clinical

record.

(h) A facility shall prominently and conspicuously post a copy

of the "bill of rights" for display in a public area of the

facility that is readily available to patients, residents,

employees, and visitors. The "bill of rights" must be in English

and in a second language.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.003. SUIT FOR HARM RESULTING FROM VIOLATION. (a) A

treatment facility or mental health facility that violates a

provision of, or a rule adopted under, this chapter, Subtitle C

of Title 7, or Chapter 241, 462, 464, or 466 is liable to a

person receiving care or treatment in or from the facility who is

harmed as a result of the violation.

(b) A person who has been harmed by a violation may sue for

injunctive relief, damages, or both.

(c) A plaintiff who prevails in a suit under this section may

recover actual damages, including damages for mental anguish even

if an injury other than mental anguish is not shown.

(d) In addition to an award under Subsection (c), a plaintiff

who prevails in a suit under this section may recover exemplary

damages and reasonable attorney fees.

(e) A suit under this section may be brought in the district

court of the county in which:

(1) the plaintiff received care or treatment; or

(2) the defendant conducts business.

(f) A person harmed by a violation must bring suit not later

than the second anniversary of the date on which the person's

injury is discovered, except that a minor whose injury is

discovered before the minor's 18th birthday may bring suit at any

time before the minor's 20th birthday.

(g) This section does not supersede or abrogate any other remedy

existing in law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.004. PENALTIES. In addition to the penalties

prescribed by this chapter, a violation of a provision of this

chapter by an individual or facility that is licensed by a state

health care regulatory agency is subject to the same consequence

as a violation of the licensing law applicable to the individual

or facility or of a rule adopted under that licensing law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-321-provision-of-mental-health-chemical-dependency-and-rehabilitation-services

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 321. PROVISION OF MENTAL HEALTH, CHEMICAL DEPENDENCY, AND

REHABILITATION SERVICES

Sec. 321.001. DEFINITIONS. In this chapter:

(1) "Comprehensive medical rehabilitation" means the provision

of rehabilitation services that are designed to improve or

minimize a person's physical or cognitive disabilities, maximize

a person's functional ability, or restore a person's lost

functional capacity through close coordination of services,

communication, interaction, and integration among several

professions that share the responsibility to achieve team

treatment goals for the person.

(2) "Hospital" has the meaning assigned by Section 241.003.

(3) "License" means a state agency permit, certificate,

approval, registration, or other form of permission required by

state law.

(4) "Mental health facility" has the meaning assigned by Section

571.003.

(5) "State health care regulatory agency" means a state agency

that licenses a health care professional.

(6) "Treatment facility" has the meaning assigned by Section

464.001.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.002. BILL OF RIGHTS. (a) The Texas Board of Mental

Health and Mental Retardation, Texas Board of Health, and Texas

Commission on Alcohol and Drug Abuse by rule shall each adopt a

"patient's bill of rights" that includes the applicable rights

included in this chapter, Subtitle C of Title 7, Chapters 241,

462, 464, and 466, and any other provisions the agencies consider

necessary to protect the health, safety, and rights of a patient

receiving voluntary or involuntary mental health, chemical

dependency, or comprehensive medical rehabilitation services in

an inpatient facility. In addition, each agency shall adopt rules

that:

(1) provide standards to prevent the admission of a minor to a

facility for treatment of a condition that is not generally

recognized as responsive to treatment in an inpatient treatment

setting; and

(2) prescribe the procedure for presenting the applicable bill

of rights and obtaining each necessary signature if:

(A) the patient cannot comprehend the information because of

illness, age, or other factors; or

(B) an emergency exists that precludes immediate presentation of

the information.

(b) The Board of Protective and Regulatory Services by rule

shall adopt a "children's bill of rights" for a minor receiving

treatment in a child-care facility for an emotional, mental

health, or chemical dependency problem.

(c) A "bill of rights" adopted under this section must

specifically address the rights of minors and provide that a

minor is entitled to:

(1) appropriate treatment in the least restrictive setting

available;

(2) not receive unnecessary or excessive medication;

(3) an individualized treatment plan and to participate in the

development of the plan; and

(4) a humane treatment environment that provides reasonable

protection from harm and appropriate privacy for personal needs.

(d) Rules adopted under this section shall provide for:

(1) treatment of minors by persons who have specialized

education and training in the emotional, mental health, and

chemical dependency problems and treatment of minors;

(2) separation of minor patients from adult patients; and

(3) regular communication between a minor patient and the

patient's family, subject only to a restriction in accordance

with Section 576.006.

(e) The Texas Board of Health, Texas Board of Mental Health and

Mental Retardation, Texas Commission on Alcohol and Drug Abuse,

and Board of Protective and Regulatory Services shall consult

each other for assistance in adopting rules under this section.

(f) Before a facility may admit a patient for inpatient mental

health, chemical dependency, or comprehensive medical

rehabilitation services, or before a child-care facility may

accept a minor for treatment, the facility shall provide to the

person and, if appropriate, to the person's parent, managing

conservator, or guardian, a written copy of the applicable "bill

of rights" adopted under this section. The facility shall provide

the written copies in the person's primary language, if possible.

In addition, the facility shall ensure that, within 24 hours

after the person is admitted to the facility, the rights

specified in the written copy are explained to the person and, if

appropriate, to the person's parent, managing conservator, or

guardian:

(1) orally, in simple, nontechnical terms in the person's

primary language, if possible; or

(2) through a means reasonably calculated to communicate with a

person who has an impairment of vision or hearing, if applicable.

(g) The facility shall ensure that:

(1) each patient admitted for inpatient mental health, chemical

dependency, or comprehensive rehabilitation services and each

minor admitted for treatment in a child-care facility and, if

appropriate, the person's parent, managing conservator, or

guardian signs a copy of the document stating that the person has

read the document and understands the rights specified in the

document; and

(2) the signed copy is made a part of the person's clinical

record.

(h) A facility shall prominently and conspicuously post a copy

of the "bill of rights" for display in a public area of the

facility that is readily available to patients, residents,

employees, and visitors. The "bill of rights" must be in English

and in a second language.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.003. SUIT FOR HARM RESULTING FROM VIOLATION. (a) A

treatment facility or mental health facility that violates a

provision of, or a rule adopted under, this chapter, Subtitle C

of Title 7, or Chapter 241, 462, 464, or 466 is liable to a

person receiving care or treatment in or from the facility who is

harmed as a result of the violation.

(b) A person who has been harmed by a violation may sue for

injunctive relief, damages, or both.

(c) A plaintiff who prevails in a suit under this section may

recover actual damages, including damages for mental anguish even

if an injury other than mental anguish is not shown.

(d) In addition to an award under Subsection (c), a plaintiff

who prevails in a suit under this section may recover exemplary

damages and reasonable attorney fees.

(e) A suit under this section may be brought in the district

court of the county in which:

(1) the plaintiff received care or treatment; or

(2) the defendant conducts business.

(f) A person harmed by a violation must bring suit not later

than the second anniversary of the date on which the person's

injury is discovered, except that a minor whose injury is

discovered before the minor's 18th birthday may bring suit at any

time before the minor's 20th birthday.

(g) This section does not supersede or abrogate any other remedy

existing in law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.004. PENALTIES. In addition to the penalties

prescribed by this chapter, a violation of a provision of this

chapter by an individual or facility that is licensed by a state

health care regulatory agency is subject to the same consequence

as a violation of the licensing law applicable to the individual

or facility or of a rule adopted under that licensing law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-321-provision-of-mental-health-chemical-dependency-and-rehabilitation-services

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES

CHAPTER 321. PROVISION OF MENTAL HEALTH, CHEMICAL DEPENDENCY, AND

REHABILITATION SERVICES

Sec. 321.001. DEFINITIONS. In this chapter:

(1) "Comprehensive medical rehabilitation" means the provision

of rehabilitation services that are designed to improve or

minimize a person's physical or cognitive disabilities, maximize

a person's functional ability, or restore a person's lost

functional capacity through close coordination of services,

communication, interaction, and integration among several

professions that share the responsibility to achieve team

treatment goals for the person.

(2) "Hospital" has the meaning assigned by Section 241.003.

(3) "License" means a state agency permit, certificate,

approval, registration, or other form of permission required by

state law.

(4) "Mental health facility" has the meaning assigned by Section

571.003.

(5) "State health care regulatory agency" means a state agency

that licenses a health care professional.

(6) "Treatment facility" has the meaning assigned by Section

464.001.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.002. BILL OF RIGHTS. (a) The Texas Board of Mental

Health and Mental Retardation, Texas Board of Health, and Texas

Commission on Alcohol and Drug Abuse by rule shall each adopt a

"patient's bill of rights" that includes the applicable rights

included in this chapter, Subtitle C of Title 7, Chapters 241,

462, 464, and 466, and any other provisions the agencies consider

necessary to protect the health, safety, and rights of a patient

receiving voluntary or involuntary mental health, chemical

dependency, or comprehensive medical rehabilitation services in

an inpatient facility. In addition, each agency shall adopt rules

that:

(1) provide standards to prevent the admission of a minor to a

facility for treatment of a condition that is not generally

recognized as responsive to treatment in an inpatient treatment

setting; and

(2) prescribe the procedure for presenting the applicable bill

of rights and obtaining each necessary signature if:

(A) the patient cannot comprehend the information because of

illness, age, or other factors; or

(B) an emergency exists that precludes immediate presentation of

the information.

(b) The Board of Protective and Regulatory Services by rule

shall adopt a "children's bill of rights" for a minor receiving

treatment in a child-care facility for an emotional, mental

health, or chemical dependency problem.

(c) A "bill of rights" adopted under this section must

specifically address the rights of minors and provide that a

minor is entitled to:

(1) appropriate treatment in the least restrictive setting

available;

(2) not receive unnecessary or excessive medication;

(3) an individualized treatment plan and to participate in the

development of the plan; and

(4) a humane treatment environment that provides reasonable

protection from harm and appropriate privacy for personal needs.

(d) Rules adopted under this section shall provide for:

(1) treatment of minors by persons who have specialized

education and training in the emotional, mental health, and

chemical dependency problems and treatment of minors;

(2) separation of minor patients from adult patients; and

(3) regular communication between a minor patient and the

patient's family, subject only to a restriction in accordance

with Section 576.006.

(e) The Texas Board of Health, Texas Board of Mental Health and

Mental Retardation, Texas Commission on Alcohol and Drug Abuse,

and Board of Protective and Regulatory Services shall consult

each other for assistance in adopting rules under this section.

(f) Before a facility may admit a patient for inpatient mental

health, chemical dependency, or comprehensive medical

rehabilitation services, or before a child-care facility may

accept a minor for treatment, the facility shall provide to the

person and, if appropriate, to the person's parent, managing

conservator, or guardian, a written copy of the applicable "bill

of rights" adopted under this section. The facility shall provide

the written copies in the person's primary language, if possible.

In addition, the facility shall ensure that, within 24 hours

after the person is admitted to the facility, the rights

specified in the written copy are explained to the person and, if

appropriate, to the person's parent, managing conservator, or

guardian:

(1) orally, in simple, nontechnical terms in the person's

primary language, if possible; or

(2) through a means reasonably calculated to communicate with a

person who has an impairment of vision or hearing, if applicable.

(g) The facility shall ensure that:

(1) each patient admitted for inpatient mental health, chemical

dependency, or comprehensive rehabilitation services and each

minor admitted for treatment in a child-care facility and, if

appropriate, the person's parent, managing conservator, or

guardian signs a copy of the document stating that the person has

read the document and understands the rights specified in the

document; and

(2) the signed copy is made a part of the person's clinical

record.

(h) A facility shall prominently and conspicuously post a copy

of the "bill of rights" for display in a public area of the

facility that is readily available to patients, residents,

employees, and visitors. The "bill of rights" must be in English

and in a second language.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.003. SUIT FOR HARM RESULTING FROM VIOLATION. (a) A

treatment facility or mental health facility that violates a

provision of, or a rule adopted under, this chapter, Subtitle C

of Title 7, or Chapter 241, 462, 464, or 466 is liable to a

person receiving care or treatment in or from the facility who is

harmed as a result of the violation.

(b) A person who has been harmed by a violation may sue for

injunctive relief, damages, or both.

(c) A plaintiff who prevails in a suit under this section may

recover actual damages, including damages for mental anguish even

if an injury other than mental anguish is not shown.

(d) In addition to an award under Subsection (c), a plaintiff

who prevails in a suit under this section may recover exemplary

damages and reasonable attorney fees.

(e) A suit under this section may be brought in the district

court of the county in which:

(1) the plaintiff received care or treatment; or

(2) the defendant conducts business.

(f) A person harmed by a violation must bring suit not later

than the second anniversary of the date on which the person's

injury is discovered, except that a minor whose injury is

discovered before the minor's 18th birthday may bring suit at any

time before the minor's 20th birthday.

(g) This section does not supersede or abrogate any other remedy

existing in law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.

Sec. 321.004. PENALTIES. In addition to the penalties

prescribed by this chapter, a violation of a provision of this

chapter by an individual or facility that is licensed by a state

health care regulatory agency is subject to the same consequence

as a violation of the licensing law applicable to the individual

or facility or of a rule adopted under that licensing law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,

1993.


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