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.
(c) The superintendent may combine the funds of facility
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.
(c) The board shall adopt rules in accordance with this section
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.
(c) The local mental health authority shall contract with
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.
(c) The superintendent shall:
(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.
(c) The director of a state supported living center shall:
(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.
(c) The superintendent shall give to the commissioner or a board
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.
(c) If the department requests consent to perform medical or
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.
(c) The finished products made in an occupational therapy
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.