CHAPTER 551. GENERAL PROVISIONS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-551-general-provisions

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE B. STATE FACILITIES

CHAPTER 551. GENERAL PROVISIONS

SUBCHAPTER A. GENERAL POWERS AND DUTIES RELATING TO STATE

FACILITIES

Sec. 551.001. DEFINITIONS. In this subtitle:

(1) "Board" means the Texas Board of Mental Health and Mental

Retardation.

(2) "Commissioner" means the commissioner of mental health and

mental retardation.

(3) "Department" means the Texas Department of Mental Health and

Mental Retardation.

(4) "Department facility" means a facility under the

department's jurisdiction for persons with mental illness or

mental retardation.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.002. PROHIBITION OF INTEREST. A member of the board,

the superintendent of a department facility, or a person

connected with a department facility may not:

(1) sell or have a concern in the sale of merchandise, supplies,

or other items to a department facility; or

(2) have an interest in a contract with a department facility.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.003. DEPOSIT OF PATIENT OR CLIENT FUNDS. (a) The

superintendent of a department facility is the custodian of the

personal funds that belong to a facility patient or client and

that are on deposit with the institution.

(b) The superintendent may deposit or invest those funds in:

(1) a bank in this state;

(2) federal bonds or obligations; or

(3) bonds or obligations for which the faith and credit of the

United States are pledged.

patients or clients only to deposit or invest the funds.

(d) The facility's business manager shall maintain records of

the amount of funds on deposit for each facility patient or

client.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.004. BENEFIT FUND. (a) The superintendent may deposit

the interest or increment accruing from funds deposited or

invested under Section 551.003 into a fund to be known as the

benefit fund. The superintendent is the trustee of the fund.

(b) The superintendent may spend money from the benefit fund

for:

(1) educating or entertaining the patients or clients;

(2) barber or cosmetology services for the patients or clients;

and

(3) the actual expense incurred in maintaining the fund.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.005. DISBURSEMENT OF PATIENT FUNDS. Funds in the

benefit fund or belonging to a facility patient or client may be

disbursed only on the signatures of both the facility's

superintendent and business manager.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.006. FACILITY STANDARDS BY DEPARTMENT OF HEALTH. (a)

The Texas Department of Health by rule shall prescribe standards

for department facilities relating to building safety and the

number and quality of staff. The staff standards must provide

that adequate staff exist to ensure a continuous plan of adequate

medical, psychiatric, nursing, and social work services for

patients and clients of a department facility.

(b) The Texas Department of Health shall approve department

facilities that meet applicable standards and, when requested,

shall certify the approval to the Texas Department of Human

Services or the United States Health Care Financing

Administration.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.007. BUILDING AND IMPROVEMENT PROGRAM. (a) The

department shall design, construct, equip, furnish, and maintain

buildings and improvements authorized by law at department

facilities.

(b) The department may employ architects and engineers to

prepare plans and specifications and to supervise construction of

buildings and improvements. The department shall employ

professional, technical, and clerical personnel to carry out the

design and construction functions prescribed by this section,

subject to the General Appropriations Act and other applicable

law.

and other applicable law relating to awarding contracts for the

construction of buildings and improvements. The department shall

award contracts for the construction of buildings and

improvements to the qualified bidder who makes the lowest and

best bid.

(d) The department may not award a construction contract for an

amount that exceeds the amount of funds available for the

project.

(e) The department shall require each successful bidder to give

a bond payable to the state in an amount equal to the amount of

the bid and conditioned on the faithful performance of the

contract.

(f) The department may reject any or all bids.

(g) The department may waive, suspend, or modify a provision of

this section that might conflict with a federal statute, rule,

regulation, or administrative procedure if the waiver,

suspension, or modification is essential to the receipt of

federal funds for a project. If a project is financed entirely

from federal funds, a standard required by a federal statute,

rule, or regulation controls.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.008. TRANSFER OF FACILITIES. (a) The department may

transfer the South Campus of the Vernon State Hospital to the

Texas Youth Commission contingent upon the agreement of the

governing board of the department and the executive commissioner

of the Texas Youth Commission.

(b) In this section, "transfer" means to convey title to, lease,

or otherwise convey the beneficial use of facilities, equipment,

and land appurtenant to the facilities.

Added by Acts 1995, 74th Leg., ch. 312, Sec. 2, eff. June 5,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

263, Sec. 24, eff. June 8, 2007.

Sec. 551.009. HILL COUNTRY LOCAL MENTAL HEALTH AUTHORITY CRISIS

STABILIZATION UNIT. (a) The Department of State Health Services

shall contract with the local mental health authority serving the

Hill Country area, including Kerr County, to operate a crisis

stabilization unit on the grounds of the Kerrville State Hospital

as provided by this section. The unit must be a 16-bed facility

separate from the buildings used by the Kerrville State Hospital.

(b) The department shall include provisions in the contract

requiring the local mental health authority to ensure that the

crisis stabilization unit provides short-term residential

treatment, including medical and nursing services, designed to

reduce a patient's acute symptoms of mental illness and prevent a

patient's admission to an inpatient mental health facility.

Kerrville State Hospital to provide food service, laundry

service, and lawn care.

(d) The crisis stabilization unit may not be used to provide

care to:

(1) children; or

(2) adults sentenced to a state mental facility as provided by

Chapter 46C, Code of Criminal Procedure.

(e) The local mental health authority operating the crisis

stabilization unit under contract shall use, for the purpose of

operating the 16-bed unit, the money appropriated to the

department for operating 16 beds in state hospitals that is

allocated to the local mental health authority. The department

shall ensure that the local mental health authority retains the

remainder of the local authority's state hospital allocation that

is not used for operating the 16-bed unit. The department may

allocate additional funds appropriated to the department for

state hospitals to the crisis stabilization unit.

(f) The department shall reduce the number of beds the

department operates in the state hospital system by 16. The

department, in collaboration with the local mental health

authority, shall ensure that the 16 beds in the crisis

stabilization unit are made available to other mental health

authorities for use as designated by the department.

(g) Repealed by Acts 2009, 81st Leg., R.S., Ch. 83, Sec. 3, eff.

May 20, 2009.

(h) Repealed by Acts 2009, 81st Leg., R.S., Ch. 83, Sec. 3, eff.

May 20, 2009.

Added by Acts 2007, 80th Leg., R.S., Ch.

1188, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

83, Sec. 1, eff. May 20, 2009.

Acts 2009, 81st Leg., R.S., Ch.

83, Sec. 2, eff. May 20, 2009.

Acts 2009, 81st Leg., R.S., Ch.

83, Sec. 3, eff. May 20, 2009.

SUBCHAPTER B. PROVISIONS APPLICABLE TO FACILITY SUPERINTENDENT

AND BUSINESS MANAGER

Sec. 551.022. POWERS AND DUTIES OF SUPERINTENDENT. (a) The

superintendent of a department facility is the administrative

head of that facility.

(b) The superintendent has the custody of and responsibility to

care for the buildings, grounds, furniture, and other property

relating to the facility.

(1) oversee the admission and discharge of patients and clients;

(2) keep a register of all patients and clients admitted to or

discharged from the facility;

(3) supervise repairs and improvements to the facility;

(4) ensure that facility money is spent judiciously and

economically;

(5) keep an accurate and detailed account of all money received

and spent, stating the source of the money and to whom and the

purpose for which the money is spent; and

(6) keep a full record of the facility's operations.

(d) In accordance with board rules and departmental operating

procedures, the superintendent may:

(1) establish policy to govern the facility that the

superintendent considers will best promote the patients' and

clients' interest and welfare;

(2) appoint subordinate officers, teachers, and other employees

and set their salaries, in the absence of other law; and

(3) remove an officer, teacher, or employee for good cause.

(e) This section does not apply to a state supported living

center or the director of a state supported living center.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 821, Sec. 17, eff.

Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 20, eff. June 11, 2009.

Sec. 551.0225. POWERS AND DUTIES OF STATE SUPPORTED LIVING

CENTER DIRECTOR. (a) The director of a state supported living

center is the administrative head of the center.

(b) The director of a state supported living center has the

custody of and responsibility to care for the buildings, grounds,

furniture, and other property relating to the center.

(1) oversee the admission and discharge of residents and

clients;

(2) keep a register of all residents and clients admitted to or

discharged from the center;

(3) ensure that the civil rights of residents and clients of the

center are protected;

(4) ensure the health, safety, and general welfare of residents

and clients of the center;

(5) supervise repairs and improvements to the center;

(6) ensure that center money is spent judiciously and

economically;

(7) keep an accurate and detailed account of all money received

and spent, stating the source of the money and on whom and the

purpose for which the money is spent;

(8) keep a full record of the center's operations;

(9) monitor the arrival and departure of individuals to and from

the center as appropriate to ensure the safety of residents; and

(10) ensure that residents' family members and legally

authorized representatives are notified of serious events that

may indicate problems in the care or treatment of residents.

(d) In accordance with department rules and operating

procedures, the director of a state supported living center may:

(1) establish policy to govern the center that the director

considers will best promote the residents' interest and welfare;

(2) hire subordinate officers, teachers, and other employees and

set their salaries, in the absence of other law; and

(3) dismiss a subordinate officer, teacher, or employee for good

cause.

(e) The Department of Aging and Disability Services shall, with

input from residents of a state supported living center, and the

family members and legally authorized representatives of those

residents, develop a policy that defines "serious event" for

purposes of Subsection (c)(10).

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 21, eff. June 11, 2009.

Sec. 551.024. SUPERINTENDENT'S DUTY TO ADMIT COMMISSIONER AND

BOARD MEMBERS. (a) The superintendent shall admit into every

part of the department facility the commissioner and members of

the board.

(b) The superintendent shall on request show any book, paper, or

account relating to the department facility's business,

management, discipline, or government to the commissioner or

board member.

member any requested copy, abstract, or report.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.025. DUTY TO REPORT MISSING PATIENT OR CLIENT. If a

person receiving inpatient mental retardation services or

court-ordered inpatient mental health services in a department

facility leaves the facility without notifying the facility or

without the facility's consent, the facility superintendent shall

immediately report the person as a missing person to an

appropriate law enforcement agency in the area in which the

facility is located.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.026. BUSINESS MANAGER. (a) The business manager is

the chief disbursing officer of the department facility.

(b) The business manager is directly responsible to the

superintendent.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER C. POWERS AND DUTIES RELATING TO PATIENT CARE

Sec. 551.041. MEDICAL AND DENTAL TREATMENT. (a) The department

shall provide or perform recognized medical and dental treatment

or services to a person admitted or committed to the department's

care. The department may perform this duty through an authorized

agent.

(b) The department may contract for the support, maintenance,

care, or medical or dental treatment or service with a municipal,

county, or state hospital, a private physician, a licensed

nursing home or hospital, or a hospital district. The authority

to contract provided by this subsection is in addition to other

contractual authority granted to the department. A contract

entered into under this subsection may not assign a lien accruing

to this state.

dental treatment or services from a person or the guardian of the

person whose consent is considered necessary and a reply is not

obtained immediately, or if there is no guardian or responsible

relative of the person to whom a request can be made, the

superintendent of a department facility shall order:

(1) medical treatment or services for the person on the advice

and consent of three physicians licensed by the Texas State Board

of Medical Examiners, at least one of whom is primarily engaged

in the private practice of medicine; or

(2) dental treatment or services for the person on the advice

and consent of a dentist licensed by the State Board of Dental

Examiners and of two physicians licensed by the Texas State Board

of Medical Examiners, at least one of whom is primarily engaged

in the private practice of medicine.

(d) This section does not authorize the performance of an

operation involving sexual sterilization or a frontal lobotomy.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.042. OUTPATIENT CLINICS. (a) If funds are available,

the department may establish in locations the department

considers necessary outpatient clinics to treat persons with

mental illness.

(b) As necessary to establish and operate the clinics, the

department may:

(1) acquire facilities;

(2) hire personnel;

(3) adopt rules; and

(4) contract with persons, corporations, and local, state, and

federal agencies.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 551.043. MENTAL HYGIENE CLINIC SERVICE. (a) The

department may establish a mental hygiene clinic service through

its agents and facilities.

(b) The clinic service shall cooperate with the Texas Education

Agency and local boards of education in studying the mental and

physical health of children:

(1) with serious retardation in school progress or in mental

development; or

(2) who have personality development problems.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.49, eff.

Sept. 1, 1997.

Sec. 551.044. OCCUPATIONAL THERAPY PROGRAMS. (a) The

department may provide equipment, materials, and merchandise for

occupational therapy programs at department facilities.

(b) The superintendent of a department facility may, in

accordance with department rules, contract for the provision of

equipment, materials, and merchandise for occupational therapy

programs. If the contractor retains the finished or semi-finished

product, the contract shall provide for a fair and reasonable

rental payment to the department by the contractor for the use of

facility premises or equipment. The rental payment is determined

by the amount of time the facility premises or equipment is used

in making the products.

program may be sold and the proceeds placed in the patients'

benefit fund, the patients' trust fund, or a revolving fund for

use by the patients. A patient may keep the finished product if

the patient purchases the material for the product from the

state.

(d) The department may accept donations of money or materials

for use in occupational therapy programs and may use a donation

in the manner requested by the donor if not contrary to board

policy.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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