CHAPTER 592. RIGHTS OF PERSONS WITH MENTAL RETARDATION

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-592-rights-of-persons-with-mental-retardation

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE D. PERSONS WITH MENTAL RETARDATION ACT

CHAPTER 592. RIGHTS OF PERSONS WITH MENTAL RETARDATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 592.001. PURPOSE. The purpose of this chapter is to

recognize and protect the individual dignity and worth of each

person with mental retardation.

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

1991.

Sec. 592.002. RULES. The board by rule shall ensure the

implementation of the rights guaranteed in this chapter.

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

1991.

SUBCHAPTER B. BASIC BILL OF RIGHTS

Sec. 592.011. RIGHTS GUARANTEED. (a) Each person with mental

retardation in this state has the rights, benefits, and

privileges guaranteed by the constitution and laws of the United

States and this state.

(b) The rights specifically listed in this subtitle are in

addition to all other rights that persons with mental retardation

have and are not exclusive or intended to limit the rights

guaranteed by the constitution and laws of the United States and

this state.

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

1991.

Sec. 592.012. PROTECTION FROM EXPLOITATION AND ABUSE. Each

person with mental retardation has the right to protection from

exploitation and abuse because of the person's mental

retardation.

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

1991.

Sec. 592.013. LEAST RESTRICTIVE LIVING ENVIRONMENT. Each person

with mental retardation has the right to live in the least

restrictive setting appropriate to the person's individual needs

and abilities and in a variety of living situations, including

living:

(1) alone;

(2) in a group home;

(3) with a family; or

(4) in a supervised, protective environment.

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

1991.

Sec. 592.014. EDUCATION. Each person with mental retardation

has the right to receive publicly supported educational services,

including those services provided under the Education Code, that

are appropriate to the person's individual needs regardless of

the person's:

(1) chronological age;

(2) degree of retardation;

(3) accompanying disabilities or handicaps; or

(4) admission or commitment to mental retardation services.

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

1991.

Sec. 592.015. EMPLOYMENT. An employer, employment agency, or

labor organization may not deny a person equal opportunities in

employment because of the person's mental retardation, unless:

(1) the person's mental retardation significantly impairs the

person's ability to perform the duties and tasks of the position

for which the person has applied; or

(2) the denial is based on a bona fide occupational

qualification reasonably necessary to the normal operation of the

particular business or enterprise.

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

1991.

Sec. 592.016. HOUSING. An owner, lessee, sublessee, assignee,

or managing agent or other person having the right to sell, rent,

or lease real property, or an agent or employee of any of these,

may not refuse to sell, rent, or lease to any person or group of

persons solely because the person is a person with mental

retardation or a group that includes one or more persons with

mental retardation.

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

1991.

Sec. 592.017. TREATMENT AND SERVICES. Each person with mental

retardation has the right to receive for mental retardation

adequate treatment and habilitative services that:

(1) are suited to the person's individual needs;

(2) maximize the person's capabilities;

(3) enhance the person's ability to cope with the person's

environment; and

(4) are administered skillfully, safely, and humanely with full

respect for the dignity and personal integrity of the person.

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

1991.

Sec. 592.018. DETERMINATION OF MENTAL RETARDATION. A person

thought to be a person with mental retardation has the right

promptly to receive a determination of mental retardation using

diagnostic techniques that are adapted to that person's cultural

background, language, and ethnic origin to determine if the

person is in need of mental retardation services as provided by

Subchapter A, Chapter 593.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 2, eff. Sept.

1, 1993.

Sec. 592.019. ADMINISTRATIVE HEARING. A person who files an

application for a determination of mental retardation has the

right to request and promptly receive an administrative hearing

under Subchapter A, Chapter 593, to contest the findings of the

determination of mental retardation.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 2, eff. Sept.

1, 1993.

Sec. 592.020. INDEPENDENT DETERMINATION OF MENTAL RETARDATION.

A person for whom a determination of mental retardation is

performed or a person who files an application for a

determination of mental retardation under Section 593.004 and who

questions the validity or results of the determination of mental

retardation has the right to an additional, independent

determination of mental retardation performed at the person's own

expense.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 2, eff. Sept.

1, 1993.

Sec. 592.021. ADDITIONAL RIGHTS. Each person with mental

retardation has the right to:

(1) presumption of competency;

(2) due process in guardianship proceedings; and

(3) fair compensation for the person's labor for the economic

benefit of another, regardless of any direct or incidental

therapeutic value to the person.

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

1991.

SUBCHAPTER C. RIGHTS OF CLIENTS

Sec. 592.031. RIGHTS IN GENERAL. (a) Each client has the same

rights as other citizens of the United States and this state

unless the client's rights have been lawfully restricted.

(b) Each client has the rights listed in this subchapter in

addition to the rights guaranteed by Subchapter B.

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

1991.

Sec. 592.032. LEAST RESTRICTIVE ALTERNATIVE. Each client has

the right to live in the least restrictive habilitation setting

and to be treated and served in the least intrusive manner

appropriate to the client's individual needs.

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

1991.

Sec. 592.033. INDIVIDUALIZED PLAN. (a) Each client has the

right to a written, individualized habilitation plan developed by

appropriate specialists.

(b) The client, and the parent of a client who is a minor or the

guardian of the person, shall participate in the development of

the plan.

later than the 30th day after the date on which the client is

admitted or committed to mental retardation services.

(d) The content of an individualized habilitation plan is as

required by the department.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 3, eff. Sept.

1, 1993.

Sec. 592.034. REVIEW AND REEVALUATION. (a) Each client has the

right to have the individualized habilitation plan reviewed at

least:

(1) once a year if the client is in a residential care facility;

(2) quarterly if the client has been admitted for other

services.

(b) The purpose of the review is to:

(1) measure progress;

(2) modify objectives and programs if necessary; and

(3) provide guidance and remediation techniques.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 4, eff. Sept.

1, 1993.

Sec. 592.035. PARTICIPATION IN PLANNING. (a) Each client, and

parent of a client who is a minor or the guardian of the person,

have the right to:

(1) participate in planning the client's treatment and

habilitation; and

(2) be informed in writing at reasonable intervals of the

client's progress.

(b) If possible, the client, parent, or guardian of the person

shall be given the opportunity to choose from several appropriate

alternative services available to the client from a service

provider.

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

1991.

Sec. 592.036. WITHDRAWAL FROM VOLUNTARY SERVICES. (a) Except

as provided by Section 593.030, a client, the parent if the

client is a minor, or a guardian of the person may withdraw the

client from mental retardation services.

(b) This section does not apply to a person who was committed to

a residential care facility as provided by Subchapter C, Chapter

593.

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

1991.

Sec. 592.037. FREEDOM FROM MISTREATMENT. Each client has the

right not to be mistreated, neglected, or abused by a service

provider.

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

1991.

Sec. 592.038. FREEDOM FROM UNNECESSARY MEDICATION. (a) Each

client has the right to not receive unnecessary or excessive

medication.

(b) Medication may not be used:

(1) as punishment;

(2) for the convenience of the staff;

(3) as a substitute for a habilitation program; or

(4) in quantities that interfere with the client's habilitation

program.

prescription of a physician and a physician shall closely

supervise its use.

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

1991.

Sec. 592.039. GRIEVANCES. A client, or a person acting on

behalf of a person with mental retardation or a group of persons

with mental retardation, has the right to submit complaints or

grievances regarding the infringement of the rights of a person

with mental retardation or the delivery of mental retardation

services against a person, group of persons, organization, or

business to the appropriate public responsibility committee for

investigation and appropriate action.

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

1991.

Sec. 592.040. INFORMATION ABOUT RIGHTS. (a) On admission for

mental retardation services, each client, and the parent if the

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

shall be given written notice of the rights guaranteed by this

subtitle. The notice shall be in plain and simple language.

(b) Each client shall be orally informed of these rights in

plain and simple language.

is sufficient if the client is manifestly unable to comprehend

the rights.

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

1991.

SUBCHAPTER D. RIGHTS OF RESIDENTS

Sec. 592.051. GENERAL RIGHTS OF RESIDENTS. Each resident has

the right to:

(1) a normal residential environment;

(2) a humane physical environment;

(3) communication and visits; and

(4) possess personal property.

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

1991.

Sec. 592.052. MEDICAL AND DENTAL CARE AND TREATMENT. Each

resident has the right to prompt, adequate, and necessary medical

and dental care and treatment for physical and mental ailments

and to prevent an illness or disability.

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

1991.

Sec. 592.053. STANDARDS OF CARE. Medical and dental care and

treatment shall be performed under the appropriate supervision of

a licensed physician or dentist and shall be consistent with

accepted standards of medical and dental practice in the

community.

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

1991.

Sec. 592.054. DUTIES OF SUPERINTENDENT OR DIRECTOR. (a) Except

as limited by this subtitle, the superintendent or director shall

provide without further consent necessary care and treatment to

each court-committed resident and make available necessary care

and treatment to each voluntary resident.

(b) Notwithstanding Subsection (a), consent is required for all

surgical procedures.

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

1991.

Sec. 592.055. UNUSUAL OR HAZARDOUS TREATMENT. This subtitle

does not permit the department to perform unusual or hazardous

treatment procedures, experimental research, organ

transplantation, or nontherapeutic surgery for experimental

research.

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

1991.

Sec. 592.056. NOTIFICATION OF TRUST EXEMPTION. (a) At the time

a resident is admitted to a residential care facility, the

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

resident is a minor or the guardian of the person of the

resident, written notice, in the person's primary language, that

a trust that qualifies under Section 593.081 is not liable for

the resident's support. In addition, the facility shall ensure

that, within 24 hours after the resident is admitted to the

facility, the notification is explained to the resident, and the

parent if the resident is a minor or the guardian of the person

of the resident:

(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.

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

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

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

481, Sec. 2, eff. June 19, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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