CHAPTER 576. RIGHTS OF PATIENTS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-576-rights-of-patients

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 576. RIGHTS OF PATIENTS

SUBCHAPTER A. GENERAL RIGHTS

Sec. 576.001. RIGHTS UNDER CONSTITUTION AND LAW. (a) A person

with mental illness in this state has the rights, benefits,

responsibilities, and privileges guaranteed by the constitution

and laws of the United States and this state.

(b) Unless a specific law limits a right under a special

procedure, a patient has:

(1) the right to register and vote at an election;

(2) the right to acquire, use, and dispose of property,

including contractual rights;

(3) the right to sue and be sued;

(4) all rights relating to the grant, use, and revocation of a

license, permit, privilege, or benefit under law;

(5) the right to religious freedom; and

(6) all rights relating to domestic relations.

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

1991.

Sec. 576.002. PRESUMPTION OF COMPETENCY. (a) The provision of

court-ordered, emergency, or voluntary mental health services to

a person is not a determination or adjudication of mental

incompetency and does not limit the person's rights as a citizen,

or the person's property rights or legal capacity.

(b) There is a rebuttable presumption that a person is mentally

competent unless a judicial finding to the contrary is made under

the Texas Probate Code.

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

1991. Amended by Acts 2001, 77th Leg., ch. 1309, Sec. 2, eff.

June 16, 2001.

Sec. 576.003. WRIT OF HABEAS CORPUS. This subtitle does not

limit a person's right to obtain a writ of habeas corpus.

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

1991.

Sec. 576.004. EFFECT ON GUARDIANSHIP. This subtitle, or an

action taken or a determination made under this subtitle, does

not affect a guardianship established under law.

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

1991.

Sec. 576.005. CONFIDENTIALITY OF RECORDS. Records of a mental

health facility that directly or indirectly identify a present,

former, or proposed patient are confidential unless disclosure is

permitted by other state law.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 1007, Sec. 1, eff.

June 19, 1993; Acts 1997, 75th Leg., ch. 481, Sec. 1, eff. Sept.

1, 1997.

Sec. 576.0055. DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR

CERTAIN PURPOSES. (a) In this section, "cemetery organization"

and "funeral establishment" have the meanings assigned by Section

711.001.

(b) Notwithstanding any other law, on request by a

representative of a cemetery organization or funeral

establishment, the administrator of a mental health facility

shall release to the representative the name, date of birth, or

date of death of a person who was a patient at the facility when

the person died, unless the person or the person's guardian

provided written instructions to the facility not to release the

person's name or dates of birth and death. A representative of a

cemetery organization or a funeral establishment may use a name

or date released under this subsection only for the purpose of

inscribing the name or date on a grave marker.

Added by Acts 2003, 78th Leg., ch. 174, Sec. 1, eff. May 27,

2003.

Sec. 576.006. RIGHTS SUBJECT TO LIMITATION. (a) A patient in

an inpatient mental health facility has the right to:

(1) receive visitors;

(2) communicate with a person outside the facility by telephone

and by uncensored and sealed mail; and

(3) communicate by telephone and by uncensored and sealed mail

with legal counsel, the department, the courts, and the state

attorney general.

(b) The rights provided in Subsection (a) are subject to the

general rules of the facility. The physician ultimately

responsible for the patient's treatment may also restrict a right

only to the extent that the restriction is necessary to the

patient's welfare or to protect another person but may not

restrict the right to communicate with legal counsel, the

department, the courts, or the state attorney general.

physician ultimately responsible for the patient's treatment

shall document the clinical reasons for the restriction and the

duration of the restriction in the patient's clinical record.

That physician shall inform the patient and, if appropriate, the

patient's parent, managing conservator, or guardian of the

clinical reasons for the restriction and the duration of the

restriction.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.06, eff.

Aug. 30, 1993.

Sec. 576.007. NOTIFICATION OF RELEASE. (a) The department or

facility shall make a reasonable effort to notify an adult

patient's family before the patient is discharged or released

from a facility providing voluntary or involuntary mental health

services if the patient grants permission for the notification.

(b) The department shall notify each adult patient of the

patient's right to have his family notified under this section.

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

1991.

Sec. 576.008. NOTIFICATION OF PROTECTION AND ADVOCACY SYSTEM. A

patient shall be informed in writing, at the time of admission

and discharge, of the existence, purpose, telephone number, and

address of the protection and advocacy system established in this

state under the federal Protection and Advocacy for Mentally Ill

Individuals Act of 1986 (42 U.S.C. Sec. 10801, et seq.).

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

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.51, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 705, Sec. 4.06, eff.

Aug. 30, 1993.

Sec. 576.009. NOTIFICATION OF RIGHTS. A patient receiving

involuntary inpatient mental health services shall be informed of

the rights provided by this subtitle:

(1) orally, in simple, nontechnical terms, and in writing that,

if possible, is in the person's primary language; or

(2) through the use of a means reasonably calculated to

communicate with a hearing impaired or visually impaired person,

if applicable.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.07, eff.

Aug. 30, 1993.

Sec. 576.010. NOTIFICATION OF TRUST EXEMPTION. (a) At the time

a patient is admitted to an inpatient mental health facility for

voluntary or involuntary inpatient mental health services, the

facility shall provide to the patient, and the parent if the

patient is a minor or the guardian of the person of the patient,

written notice, in the person's primary language, that a trust

that qualifies under Section 552.018 is not liable for the

patient's support. In addition, the facility shall ensure that,

within 24 hours after the patient is admitted to the facility,

the notification is explained to the patient:

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

primary language, if possible; or

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

patient who has an impairment of vision or hearing, if

applicable.

(b) Notice required under Subsection (a) must also be attached

to any request for payment for the patient's support.

facilities.

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

481, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. RIGHTS RELATING TO TREATMENT

Sec. 576.021. GENERAL RIGHTS RELATING TO TREATMENT. (a) A

patient receiving mental health services under this subtitle has

the right to:

(1) appropriate treatment for the patient's mental illness in

the least restrictive appropriate setting available;

(2) not receive unnecessary or excessive medication;

(3) refuse to participate in a research program;

(4) an individualized treatment plan and to participate in

developing the plan; and

(5) a humane treatment environment that provides reasonable

protection from harm and appropriate privacy for personal needs.

(b) Participation in a research program does not affect a right

provided by this chapter.

patient, the patient's attorney or guardian, or any other person

acting on behalf of the patient.

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

1991. Amended by Acts 2001, 77th Leg., ch. 1309, Sec. 3, eff.

June 16, 2001.

Sec. 576.022. ADEQUACY OF TREATMENT. (a) The facility

administrator of an inpatient mental health facility shall

provide adequate medical and psychiatric care and treatment to

every patient in accordance with the highest standards accepted

in medical practice.

(b) The facility administrator of an inpatient mental health

facility may give the patient accepted psychiatric treatment and

therapy.

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

1991.

Sec. 576.023. PERIODIC EXAMINATION. The facility administrator

is responsible for the examination of each patient of the

facility at least once every six months and more frequently as

practicable.

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

1991.

Sec. 576.024. USE OF PHYSICAL RESTRAINT. (a) A physical

restraint may not be applied to a patient unless a physician

prescribes the restraint.

(b) A physical restraint shall be removed as soon as possible.

shall be made a part of the patient's clinical record. The

physician who prescribed the restraint shall sign the record.

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

1991.

Sec. 576.025. ADMINISTRATION OF PSYCHOACTIVE MEDICATION. (a) A

person may not administer a psychoactive medication to a patient

receiving voluntary or involuntary mental health services who

refuses the administration unless:

(1) the patient is having a medication-related emergency;

(2) the patient is younger than 16 years of age, or the patient

is younger than 18 years of age and is a patient admitted for

voluntary mental health services under Section 572.002(3)(B), and

the patient's parent, managing conservator, or guardian consents

to the administration on behalf of the patient;

(3) the refusing patient's representative authorized by law to

consent on behalf of the patient has consented to the

administration;

(4) the administration of the medication regardless of the

patient's refusal is authorized by an order issued under Section

574.106; or

(5) the administration of the medication regardless of the

patient's refusal is authorized by an order issued under Article

46B.086, Code of Criminal Procedure.

(b) Consent to the administration of psychoactive medication

given by a patient or by a person authorized by law to consent on

behalf of the patient is valid only if:

(1) the consent is given voluntarily and without coercive or

undue influence;

(2) the treating physician or a person designated by the

physician provided the following information, in a standard

format approved by the department, to the patient and, if

applicable, to the patient's representative authorized by law to

consent on behalf of the patient:

(A) the specific condition to be treated;

(B) the beneficial effects on that condition expected from the

medication;

consenting to the medication;

(D) the probable clinically significant side effects and risks

associated with the medication;

(E) the generally accepted alternatives to the medication, if

any, and why the physician recommends that they be rejected; and

(F) the proposed course of the medication;

(3) the patient and, if appropriate, the patient's

representative authorized by law to consent on behalf of the

patient is informed in writing that consent may be revoked; and

(4) the consent is evidenced in the patient's clinical record by

a signed form prescribed by the facility or by a statement of the

treating physician or a person designated by the physician that

documents that consent was given by the appropriate person and

the circumstances under which the consent was obtained.

provide the information under Subsection (b), then, not later

than two working days after that person provides the information,

excluding weekends and legal holidays, the physician shall meet

with the patient and, if appropriate, the patient's

representative who provided the consent, to review the

information and answer any questions.

(d) A patient's refusal or attempt to refuse to receive

psychoactive medication, whether given verbally or by other

indications or means, shall be documented in the patient's

clinical record.

(e) In prescribing psychoactive medication, a treating physician

shall:

(1) prescribe, consistent with clinically appropriate medical

care, the medication that has the fewest side effects or the

least potential for adverse side effects, unless the class of

medication has been demonstrated or justified not to be effective

clinically; and

(2) administer the smallest therapeutically acceptable dosages

of medication for the patient's condition.

(f) If a physician issues an order to administer psychoactive

medication to a patient without the patient's consent because the

patient is having a medication-related emergency:

(1) the physician shall document in the patient's clinical

record in specific medical or behavioral terms the necessity of

the order and that the physician has evaluated but rejected other

generally accepted, less intrusive forms of treatment, if any;

and

(2) treatment of the patient with the psychoactive medication

shall be provided in the manner, consistent with clinically

appropriate medical care, least restrictive of the patient's

personal liberty.

(g) In this section, "medication-related emergency" and

"psychoactive medication" have the meanings assigned by Section

574.101.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.09, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 322, Sec. 3, eff. Aug.

28, 1995; Acts 1999, 76th Leg., ch. 1477, Sec. 31, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 35, Sec. 14, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

48, Sec. 2, eff. May 17, 2005.

Acts 2005, 79th Leg., Ch.

717, Sec. 7, eff. June 17, 2005.

Sec. 576.026. INDEPENDENT EVALUATION. (a) A patient receiving

inpatient mental health services under this subtitle is entitled

to obtain at the patient's cost an independent psychiatric,

psychological, or medical examination or evaluation by a

psychiatrist, physician, or nonphysician mental health

professional chosen by the patient. The facility administrator

shall allow the patient to obtain the examination or evaluation

at any reasonable time.

(b) If the patient is a minor, the minor and the minor's parent,

legal guardian, or managing or possessory conservator is entitled

to obtain the examination or evaluation. The cost of the

examination or evaluation shall be billed by the professional who

performed the examination or evaluation to the person responsible

for payment of the minor's treatment as a cost of treatment.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.09, eff. Aug. 30,

1993.

Sec. 576.027. LIST OF MEDICATIONS. (a) The facility

administrator of an inpatient mental health facility shall

provide to a patient, a person designated by the patient, and the

patient's legal guardian or managing conservator, if any, a list

of the medications prescribed for administration to the patient

while the patient is in the facility. The list must include for

each medication:

(1) the name of the medication;

(2) the dosage and schedule prescribed for the administration of

the medication; and

(3) the name of the physician who prescribed the medication.

(b) The list must be provided within four hours after the

facility administrator receives a written request for the list

from the patient, a person designated by the patient, or the

patient's legal guardian or managing conservator and on the

discharge of the patient. If sufficient time to prepare the list

before discharge is not available, the list may be mailed within

24 hours after discharge to the patient, a person designated by

the patient, and the patient's legal guardian or managing

conservator.

conservator, if any, may waive the right of any person to receive

the list of medications while the patient is participating in a

research project if release of the list would jeopardize the

results of the project.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.10, eff. Aug. 30,

1993.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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