State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-575-admission-and-transfer-procedures-for-inpatient-services

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 575. ADMISSION AND TRANSFER PROCEDURES FOR INPATIENT

SERVICES

SUBCHAPTER A. ADMISSION PROCEDURES

Sec. 575.001. AUTHORIZATION FOR ADMISSION. (a) The facility

administrator of an inpatient mental health facility may admit

and detain a patient under the procedures prescribed by this

subtitle.

(b) The facility administrator of an inpatient mental health

facility operated by a community center or other entity the

department designates to provide mental health services may not

admit or detain a patient under an order for temporary or

extended court-ordered mental health services unless the facility

is licensed under Chapter 577.

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

1991.

Sec. 575.002. ADMISSION OF VOLUNTARY PATIENT TO PRIVATE MENTAL

HOSPITAL. This subtitle does not prohibit the voluntary

admission of a patient to a private mental hospital in any lawful

manner.

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

1991.

Sec. 575.003. ADMISSION OF ALCOHOLICS AND PERSONS CHARGED WITH

CRIMINAL OFFENSE. This subtitle does not affect the admission to

a state mental health facility of:

(1) an alcoholic admitted under Chapter 462; or

(2) a person charged with a criminal offense admitted under

Subchapter D or E, Chapter 46B, Code of Criminal Procedure.

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

1991. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 13, eff. Jan.

1, 2004.

SUBCHAPTER B. TRANSFER PROCEDURES

Sec. 575.011. TRANSFER TO DEPARTMENT MENTAL HEALTH FACILITY OR

LOCAL MENTAL HEALTH AUTHORITY. (a) The department may transfer

a patient, if the transfer is considered advisable, from an

inpatient mental health facility operated by the department to:

(1) another inpatient mental health facility operated by the

department; or

(2) a mental health facility deemed suitable by the local mental

health authority if the authority consents.

(b) A local mental health authority may transfer a patient from

one authority facility to another if the transfer is considered

advisable.

(c) A voluntary patient may not be transferred under Subsection

(a) or (b) without the patient's consent.

(d) The facility administrator of an inpatient mental health

facility may, for any reason, transfer an involuntary patient to

a mental health facility deemed suitable by the local mental

health authority for the area.

(e) The facility administrator shall notify the committing court

and the local mental health authority before transferring a

patient under Subsection (d).

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 16, eff.

Sept. 1, 2001.

Sec. 575.012. TRANSFER OF PERSON WITH MENTAL RETARDATION TO AN

INPATIENT MENTAL HEALTH FACILITY OPERATED BY THE DEPARTMENT. (a)

An inpatient mental health facility may not transfer a patient

who is also a person with mental retardation to a department

mental health facility unless, before initiating the transfer,

the facility administrator of the inpatient mental health

facility obtains from the commissioner a determination that space

is available in a department facility unit that is specifically

designed to serve such a person.

(b) The department shall maintain an appropriate number of

hospital-level beds for persons with mental retardation who are

committed for court-ordered mental health services to meet the

needs of the local mental health authorities. The number of beds

the department maintains must be determined according to the

previous year's need.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 17, eff.

Sept. 1, 2001.

Sec. 575.013. TRANSFER OF PERSON WITH MENTAL RETARDATION TO

STATE SCHOOL. (a) The facility administrator of an inpatient

mental health facility operated by the department may transfer an

involuntary patient in the facility to a state school for persons

with mental retardation if an examination of the patient

indicates that the patient has symptoms of mental retardation to

the extent that training, education, rehabilitation, care,

treatment, and supervision in a state school are in the patient's

best interest.

(b) A certificate containing the diagnosis and the facility

administrator's recommendation of transfer to a specific state

school shall be furnished to the committing court.

(c) The patient may not be transferred before the judge of the

committing court enters an order approving the transfer.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 18, eff.

Sept. 1, 2001.

Sec. 575.014. TRANSFER TO PRIVATE MENTAL HOSPITAL. The hospital

administrator of a private mental hospital may transfer a patient

to another private mental hospital, or the department may

transfer a patient to a private mental hospital, at no expense to

the state if:

(1) the patient or the patient's guardian or next friend signs

an application requesting the transfer at the patient's or

applicant's expense;

(2) the hospital administrator of the private mental hospital to

which the person is to be transferred agrees in writing to admit

the patient and to accept responsibility for the patient as

prescribed by this subtitle; and

(3) written notice of the transfer is sent to the committing

court.

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

1991.

Sec. 575.015. TRANSFER TO FEDERAL FACILITY. The department or

the hospital administrator of a private mental hospital may

transfer an involuntary patient to a federal agency if:

(1) the federal agency sends notice that facilities are

available and that the patient is eligible for care or treatment

in a facility;

(2) notice of the transfer is sent to the committing court; and

(3) the committing court enters an order approving the transfer.

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

1991.

Sec. 575.016. TRANSFER FROM FACILITY OF TEXAS DEPARTMENT OF

CRIMINAL JUSTICE. (a) The Texas Department of Criminal Justice

shall transfer a patient committed to an inpatient mental health

facility under Section 574.044 to a noncorrectional mental health

facility on the day the inmate is released on parole or mandatory

supervision.

(b) A patient transferred to a department mental health facility

shall be transferred as prescribed by Section 575.011 or 575.012

to the facility that serves the location to which the patient is

released on parole or mandatory supervision.

(c) The mental health facility to which a patient is transferred

under this section is solely responsible for the patient's

treatment.

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

1991.

Amended by:

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

87, Sec. 25.110, eff. September 1, 2009.

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

87, Sec. 25.111, eff. September 1, 2009.

Sec. 575.017. TRANSFER OF RECORDS. The facility administrator

of the transferring inpatient mental health facility shall send

the patient's appropriate hospital records, or a copy of the

records, to the hospital or facility administrator of the mental

hospital or state school to which the patient is transferred.

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

1991.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-575-admission-and-transfer-procedures-for-inpatient-services

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 575. ADMISSION AND TRANSFER PROCEDURES FOR INPATIENT

SERVICES

SUBCHAPTER A. ADMISSION PROCEDURES

Sec. 575.001. AUTHORIZATION FOR ADMISSION. (a) The facility

administrator of an inpatient mental health facility may admit

and detain a patient under the procedures prescribed by this

subtitle.

(b) The facility administrator of an inpatient mental health

facility operated by a community center or other entity the

department designates to provide mental health services may not

admit or detain a patient under an order for temporary or

extended court-ordered mental health services unless the facility

is licensed under Chapter 577.

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

1991.

Sec. 575.002. ADMISSION OF VOLUNTARY PATIENT TO PRIVATE MENTAL

HOSPITAL. This subtitle does not prohibit the voluntary

admission of a patient to a private mental hospital in any lawful

manner.

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

1991.

Sec. 575.003. ADMISSION OF ALCOHOLICS AND PERSONS CHARGED WITH

CRIMINAL OFFENSE. This subtitle does not affect the admission to

a state mental health facility of:

(1) an alcoholic admitted under Chapter 462; or

(2) a person charged with a criminal offense admitted under

Subchapter D or E, Chapter 46B, Code of Criminal Procedure.

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

1991. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 13, eff. Jan.

1, 2004.

SUBCHAPTER B. TRANSFER PROCEDURES

Sec. 575.011. TRANSFER TO DEPARTMENT MENTAL HEALTH FACILITY OR

LOCAL MENTAL HEALTH AUTHORITY. (a) The department may transfer

a patient, if the transfer is considered advisable, from an

inpatient mental health facility operated by the department to:

(1) another inpatient mental health facility operated by the

department; or

(2) a mental health facility deemed suitable by the local mental

health authority if the authority consents.

(b) A local mental health authority may transfer a patient from

one authority facility to another if the transfer is considered

advisable.

(c) A voluntary patient may not be transferred under Subsection

(a) or (b) without the patient's consent.

(d) The facility administrator of an inpatient mental health

facility may, for any reason, transfer an involuntary patient to

a mental health facility deemed suitable by the local mental

health authority for the area.

(e) The facility administrator shall notify the committing court

and the local mental health authority before transferring a

patient under Subsection (d).

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 16, eff.

Sept. 1, 2001.

Sec. 575.012. TRANSFER OF PERSON WITH MENTAL RETARDATION TO AN

INPATIENT MENTAL HEALTH FACILITY OPERATED BY THE DEPARTMENT. (a)

An inpatient mental health facility may not transfer a patient

who is also a person with mental retardation to a department

mental health facility unless, before initiating the transfer,

the facility administrator of the inpatient mental health

facility obtains from the commissioner a determination that space

is available in a department facility unit that is specifically

designed to serve such a person.

(b) The department shall maintain an appropriate number of

hospital-level beds for persons with mental retardation who are

committed for court-ordered mental health services to meet the

needs of the local mental health authorities. The number of beds

the department maintains must be determined according to the

previous year's need.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 17, eff.

Sept. 1, 2001.

Sec. 575.013. TRANSFER OF PERSON WITH MENTAL RETARDATION TO

STATE SCHOOL. (a) The facility administrator of an inpatient

mental health facility operated by the department may transfer an

involuntary patient in the facility to a state school for persons

with mental retardation if an examination of the patient

indicates that the patient has symptoms of mental retardation to

the extent that training, education, rehabilitation, care,

treatment, and supervision in a state school are in the patient's

best interest.

(b) A certificate containing the diagnosis and the facility

administrator's recommendation of transfer to a specific state

school shall be furnished to the committing court.

(c) The patient may not be transferred before the judge of the

committing court enters an order approving the transfer.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 18, eff.

Sept. 1, 2001.

Sec. 575.014. TRANSFER TO PRIVATE MENTAL HOSPITAL. The hospital

administrator of a private mental hospital may transfer a patient

to another private mental hospital, or the department may

transfer a patient to a private mental hospital, at no expense to

the state if:

(1) the patient or the patient's guardian or next friend signs

an application requesting the transfer at the patient's or

applicant's expense;

(2) the hospital administrator of the private mental hospital to

which the person is to be transferred agrees in writing to admit

the patient and to accept responsibility for the patient as

prescribed by this subtitle; and

(3) written notice of the transfer is sent to the committing

court.

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

1991.

Sec. 575.015. TRANSFER TO FEDERAL FACILITY. The department or

the hospital administrator of a private mental hospital may

transfer an involuntary patient to a federal agency if:

(1) the federal agency sends notice that facilities are

available and that the patient is eligible for care or treatment

in a facility;

(2) notice of the transfer is sent to the committing court; and

(3) the committing court enters an order approving the transfer.

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

1991.

Sec. 575.016. TRANSFER FROM FACILITY OF TEXAS DEPARTMENT OF

CRIMINAL JUSTICE. (a) The Texas Department of Criminal Justice

shall transfer a patient committed to an inpatient mental health

facility under Section 574.044 to a noncorrectional mental health

facility on the day the inmate is released on parole or mandatory

supervision.

(b) A patient transferred to a department mental health facility

shall be transferred as prescribed by Section 575.011 or 575.012

to the facility that serves the location to which the patient is

released on parole or mandatory supervision.

(c) The mental health facility to which a patient is transferred

under this section is solely responsible for the patient's

treatment.

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

1991.

Amended by:

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

87, Sec. 25.110, eff. September 1, 2009.

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

87, Sec. 25.111, eff. September 1, 2009.

Sec. 575.017. TRANSFER OF RECORDS. The facility administrator

of the transferring inpatient mental health facility shall send

the patient's appropriate hospital records, or a copy of the

records, to the hospital or facility administrator of the mental

hospital or state school to which the patient is transferred.

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

1991.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-575-admission-and-transfer-procedures-for-inpatient-services

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 575. ADMISSION AND TRANSFER PROCEDURES FOR INPATIENT

SERVICES

SUBCHAPTER A. ADMISSION PROCEDURES

Sec. 575.001. AUTHORIZATION FOR ADMISSION. (a) The facility

administrator of an inpatient mental health facility may admit

and detain a patient under the procedures prescribed by this

subtitle.

(b) The facility administrator of an inpatient mental health

facility operated by a community center or other entity the

department designates to provide mental health services may not

admit or detain a patient under an order for temporary or

extended court-ordered mental health services unless the facility

is licensed under Chapter 577.

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

1991.

Sec. 575.002. ADMISSION OF VOLUNTARY PATIENT TO PRIVATE MENTAL

HOSPITAL. This subtitle does not prohibit the voluntary

admission of a patient to a private mental hospital in any lawful

manner.

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

1991.

Sec. 575.003. ADMISSION OF ALCOHOLICS AND PERSONS CHARGED WITH

CRIMINAL OFFENSE. This subtitle does not affect the admission to

a state mental health facility of:

(1) an alcoholic admitted under Chapter 462; or

(2) a person charged with a criminal offense admitted under

Subchapter D or E, Chapter 46B, Code of Criminal Procedure.

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

1991. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 13, eff. Jan.

1, 2004.

SUBCHAPTER B. TRANSFER PROCEDURES

Sec. 575.011. TRANSFER TO DEPARTMENT MENTAL HEALTH FACILITY OR

LOCAL MENTAL HEALTH AUTHORITY. (a) The department may transfer

a patient, if the transfer is considered advisable, from an

inpatient mental health facility operated by the department to:

(1) another inpatient mental health facility operated by the

department; or

(2) a mental health facility deemed suitable by the local mental

health authority if the authority consents.

(b) A local mental health authority may transfer a patient from

one authority facility to another if the transfer is considered

advisable.

(c) A voluntary patient may not be transferred under Subsection

(a) or (b) without the patient's consent.

(d) The facility administrator of an inpatient mental health

facility may, for any reason, transfer an involuntary patient to

a mental health facility deemed suitable by the local mental

health authority for the area.

(e) The facility administrator shall notify the committing court

and the local mental health authority before transferring a

patient under Subsection (d).

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 16, eff.

Sept. 1, 2001.

Sec. 575.012. TRANSFER OF PERSON WITH MENTAL RETARDATION TO AN

INPATIENT MENTAL HEALTH FACILITY OPERATED BY THE DEPARTMENT. (a)

An inpatient mental health facility may not transfer a patient

who is also a person with mental retardation to a department

mental health facility unless, before initiating the transfer,

the facility administrator of the inpatient mental health

facility obtains from the commissioner a determination that space

is available in a department facility unit that is specifically

designed to serve such a person.

(b) The department shall maintain an appropriate number of

hospital-level beds for persons with mental retardation who are

committed for court-ordered mental health services to meet the

needs of the local mental health authorities. The number of beds

the department maintains must be determined according to the

previous year's need.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 17, eff.

Sept. 1, 2001.

Sec. 575.013. TRANSFER OF PERSON WITH MENTAL RETARDATION TO

STATE SCHOOL. (a) The facility administrator of an inpatient

mental health facility operated by the department may transfer an

involuntary patient in the facility to a state school for persons

with mental retardation if an examination of the patient

indicates that the patient has symptoms of mental retardation to

the extent that training, education, rehabilitation, care,

treatment, and supervision in a state school are in the patient's

best interest.

(b) A certificate containing the diagnosis and the facility

administrator's recommendation of transfer to a specific state

school shall be furnished to the committing court.

(c) The patient may not be transferred before the judge of the

committing court enters an order approving the transfer.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 18, eff.

Sept. 1, 2001.

Sec. 575.014. TRANSFER TO PRIVATE MENTAL HOSPITAL. The hospital

administrator of a private mental hospital may transfer a patient

to another private mental hospital, or the department may

transfer a patient to a private mental hospital, at no expense to

the state if:

(1) the patient or the patient's guardian or next friend signs

an application requesting the transfer at the patient's or

applicant's expense;

(2) the hospital administrator of the private mental hospital to

which the person is to be transferred agrees in writing to admit

the patient and to accept responsibility for the patient as

prescribed by this subtitle; and

(3) written notice of the transfer is sent to the committing

court.

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

1991.

Sec. 575.015. TRANSFER TO FEDERAL FACILITY. The department or

the hospital administrator of a private mental hospital may

transfer an involuntary patient to a federal agency if:

(1) the federal agency sends notice that facilities are

available and that the patient is eligible for care or treatment

in a facility;

(2) notice of the transfer is sent to the committing court; and

(3) the committing court enters an order approving the transfer.

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

1991.

Sec. 575.016. TRANSFER FROM FACILITY OF TEXAS DEPARTMENT OF

CRIMINAL JUSTICE. (a) The Texas Department of Criminal Justice

shall transfer a patient committed to an inpatient mental health

facility under Section 574.044 to a noncorrectional mental health

facility on the day the inmate is released on parole or mandatory

supervision.

(b) A patient transferred to a department mental health facility

shall be transferred as prescribed by Section 575.011 or 575.012

to the facility that serves the location to which the patient is

released on parole or mandatory supervision.

(c) The mental health facility to which a patient is transferred

under this section is solely responsible for the patient's

treatment.

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

1991.

Amended by:

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

87, Sec. 25.110, eff. September 1, 2009.

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

87, Sec. 25.111, eff. September 1, 2009.

Sec. 575.017. TRANSFER OF RECORDS. The facility administrator

of the transferring inpatient mental health facility shall send

the patient's appropriate hospital records, or a copy of the

records, to the hospital or facility administrator of the mental

hospital or state school to which the patient is transferred.

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

1991.