CHAPTER 572. VOLUNTARY INPATIENT MENTAL HEALTH SERVICES
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE C. TEXAS MENTAL HEALTH CODE
CHAPTER 572. VOLUNTARY INPATIENT MENTAL HEALTH SERVICES
Sec. 572.001. REQUEST FOR ADMISSION. (a) A person 16 years of
age or older or a person younger than 16 years of age who is or
has been married may request admission to an inpatient mental
health facility by filing a request with the administrator of the
facility to which admission is requested. The parent, managing
conservator, or guardian of a person younger than 18 years of age
who is not and has not been married may request the admission of
the person to an inpatient mental health facility by filing a
request with the administrator of the facility to which admission
is requested.
(b) An admission request must be in writing and signed by the
person requesting the admission.
(c) A person or agency appointed as the guardian or a managing
conservator of a person younger than 18 years of age and acting
as an employee or agent of the state or a political subdivision
of the state may request admission of the person younger than 18
years of age only with the person's consent.
(d) The administrator of an inpatient mental health facility may
admit a minor who is 16 years of age or older or a person younger
than 16 years of age who is or has been married to an inpatient
mental health facility as a voluntary patient without the consent
of the parent, managing conservator, or guardian.
(e) A request for admission as a voluntary patient must state
that the person for whom admission is requested agrees to
voluntarily remain in the facility until the person's discharge
and that the person consents to the diagnosis, observation, care,
and treatment provided until the earlier of:
(1) the person's discharge; or
(2) the period prescribed by Section 572.004.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 4.01, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 393, Sec. 1, eff. Aug.
28, 1995; Acts 2003, 78th Leg., ch. 1000, Sec. 1, eff. June 20,
2003.
Sec. 572.002. ADMISSION. The facility administrator or the
administrator's authorized, qualified designee may admit a person
for whom a proper request for voluntary inpatient services is
filed if the administrator or the designee determines:
(1) from a preliminary examination that the person has symptoms
of mental illness and will benefit from the inpatient services;
(2) that the person has been informed of the person's rights as
a voluntary patient; and
(3) that the admission was voluntarily agreed to:
(A) by the person, if the person is:
(i) 16 years of age or older; or
(ii) younger than 16 years of age and is or has been married; or
(B) by the person's parent, managing conservator, or guardian,
if the person is younger than 18 years of age and is not and has
not been married.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 393, Sec. 2, eff. Aug.
28, 1995; Acts 2003, 78th Leg., ch. 1000, Sec. 2, eff. June 20,
2003.
Sec. 572.0022. INFORMATION ON MEDICATIONS. (a) A mental health
facility shall provide to a patient in the patient's primary
language, if possible, and in accordance with board rules
information relating to prescription medication ordered by the
patient's treating physician.
(b) The facility shall also provide the information to the
patient's family on request, but only to the extent not otherwise
prohibited by state or federal confidentiality laws.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.03, eff. May 1,
1994. Amended by Acts 1997, 75th Leg., ch. 337, Sec. 2, eff. May
27, 1997.
Sec. 572.0025. INTAKE, ASSESSMENT, AND ADMISSION. (a) The
board shall adopt rules governing the voluntary admission of a
patient to an inpatient mental health facility, including rules
governing the intake and assessment procedures of the admission
process.
(b) The rules governing the intake process shall establish
minimum standards for:
(1) reviewing a prospective patient's finances and insurance
benefits;
(2) explaining to a prospective patient the patient's rights;
and
(3) explaining to a prospective patient the facility's services
and treatment process.
(c) The assessment provided for by the rules may be conducted
only by a professional who meets the qualifications prescribed by
board rules.
(d) The rules governing the assessment process shall prescribe:
(1) the types of professionals who may conduct an assessment;
(2) the minimum credentials each type of professional must have
to conduct an assessment; and
(3) the type of assessment that professional may conduct.
(e) In accordance with board rule, a facility shall provide
annually a minimum of eight hours of inservice training regarding
intake and assessment for persons who will be conducting an
intake or assessment for the facility. A person may not conduct
intake or assessments without having completed the initial and
applicable annual inservice training.
(f) A prospective voluntary patient may not be formally accepted
for treatment in a facility unless:
(1) the facility has a physician's order admitting the
prospective patient, which order may be issued orally,
electronically, or in writing, signed by the physician, provided
that, in the case of an oral order or an electronically
transmitted unsigned order, a signed original is presented to the
mental health facility within 24 hours of the initial order; the
order must be from:
(A) an admitting physician who has, either in person or through
the use of audiovisual or other telecommunications technology,
conducted a physical and psychiatric examination within 72 hours
of the admission; or
(B) an admitting physician who has consulted with a physician
who has, either in person or through the use of audiovisual or
other telecommunications technology, conducted an examination
within 72 hours of the admission; and
(2) the facility administrator or a person designated by the
administrator has agreed to accept the prospective patient and
has signed a statement to that effect.
(g) An assessment conducted as required by rules adopted under
this section does not satisfy a statutory or regulatory
requirement for a personal evaluation of a patient or a
prospective patient by a physician before admission.
(h) In this section:
(1) "Admission" means the formal acceptance of a prospective
patient to a facility.
(2) "Assessment" means the administrative process a facility
uses to gather information from a prospective patient, including
a medical history and the problem for which the patient is
seeking treatment, to determine whether a prospective patient
should be examined by a physician to determine if admission is
clinically justified.
(3) "Intake" means the administrative process for gathering
information about a prospective patient and giving a prospective
patient information about the facility and the facility's
treatment and services.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 4.03, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 422, Sec. 1, eff. June
9, 1995; Acts 2003, 78th Leg., ch. 198, Sec. 2.83, eff. Sept. 1,
2003.
Sec. 572.003. RIGHTS OF PATIENTS. (a) A person's voluntary
admission to an inpatient mental health facility under this
chapter does not affect the person's civil rights or legal
capacity or affect the person's right to obtain a writ of habeas
corpus.
(b) In addition to the rights provided by this subtitle, a
person voluntarily admitted to an inpatient mental health
facility under this chapter has the right:
(1) to be reviewed periodically to determine the person's need
for continued inpatient treatment; and
(2) to have an application for court-ordered mental health
services filed only as provided by Section 572.005.
(c) A person admitted to an inpatient mental health facility
under this chapter shall be informed of the rights provided under
this section and Section 572.004:
(1) orally in simple, nontechnical terms, within 24 hours after
the time the person is admitted, and in writing in the person's
primary language, if possible; or
(2) through the use of a means reasonably calculated to
communicate with a hearing impaired or visually impaired person,
if applicable.
(d) The patient's parent, managing conservator, or guardian
shall also be informed of the patient's rights as required by
this section if the patient is a minor.
(e) In addition to the rights provided by this subtitle, a
person voluntarily admitted to an inpatient mental health
facility under Section 572.002(3)(B) has the right to be
evaluated by a physician at regular intervals to determine the
person's need for continued inpatient treatment. The department
by rule shall establish the intervals at which a physician shall
evaluate a person under this subsection.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.02, eff.
Aug. 30, 1993; Acts 2003, 78th Leg., ch. 1000, Sec. 3, eff. June
20, 2003.
Sec. 572.004. DISCHARGE. (a) A voluntary patient is entitled
to leave an inpatient mental health facility in accordance with
this section after a written request for discharge is filed with
the facility administrator or the administrator's designee. The
request must be signed, timed, and dated by the patient or a
person legally responsible for the patient and must be made a
part of the patient's clinical record. If a patient informs an
employee of or person associated with the facility of the
patient's desire to leave the facility, the employee or person
shall, as soon as possible, assist the patient in creating the
written request and present it to the patient for the patient's
signature.
(b) The facility shall, within four hours after a request for
discharge is filed, notify the physician responsible for the
patient's treatment. If that physician is not available during
that period, the facility shall notify any available physician of
the request.
(c) The notified physician shall discharge the patient before
the end of the four-hour period unless the physician has
reasonable cause to believe that the patient might meet the
criteria for court-ordered mental health services or emergency
detention.
(d) A physician who has reasonable cause to believe that a
patient might meet the criteria for court-ordered mental health
services or emergency detention shall examine the patient as soon
as possible within 24 hours after the time the request for
discharge is filed. The physician shall discharge the patient on
completion of the examination unless the physician determines
that the person meets the criteria for court-ordered mental
health services or emergency detention. If the physician makes a
determination that the patient meets the criteria for
court-ordered mental health services or emergency detention, the
physician shall, not later than 4 p.m. on the next succeeding
business day after the date on which the examination occurs,
either discharge the patient or file an application for
court-ordered mental health services or emergency detention and
obtain a written order for further detention. The physician shall
notify the patient if the physician intends to detain the patient
under this subsection or intends to file an application for
court-ordered mental health services or emergency detention. A
decision to detain a patient under this subsection and the
reasons for the decision shall be made a part of the patient's
clinical record.
(e) If extremely hazardous weather conditions exist or a
disaster occurs, the physician may request the judge of a court
that has jurisdiction over proceedings brought under Chapter 574
to extend the period during which the patient may be detained.
The judge or a magistrate appointed by the judge may by written
order made each day extend the period during which the patient
may be detained until 4 p.m. on the first succeeding business
day. The written order must declare that an emergency exists
because of the weather or the occurrence of a disaster.
(f) The patient is not entitled to leave the facility if before
the end of the period prescribed by this section:
(1) a written withdrawal of the request for discharge is filed;
or
(2) an application for court-ordered mental health services or
emergency detention is filed and the patient is detained in
accordance with this subtitle.
(g) A plan for continuing care shall be prepared in accordance
with Section 574.081 for each patient discharged. If sufficient
time to prepare a continuing care plan before discharge is not
available, the plan may be prepared and mailed to the appropriate
person within 24 hours after the patient is discharged.
(h) The patient or other person who files a request for
discharge of a patient shall be notified that the person filing
the request assumes all responsibility for the patient on
discharge.
(i) On receipt of a written request for discharge from a patient
admitted under Section 572.002(3)(B) who is younger than 18
years of age, a facility shall consult with the patient's parent,
managing conservator, or guardian regarding the discharge. If
the parent, managing conservator, or guardian objects in writing
to the patient's discharge, the facility shall continue treatment
of the patient as a voluntary patient.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.46, eff.
Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 705, Sec. 4.02, eff.
Aug. 30, 1993; Acts 2003, 78th Leg., ch. 1000, Sec. 4, eff. June
20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
48, Sec. 1, eff. May 17, 2005.
Sec. 572.005. APPLICATION FOR COURT-ORDERED TREATMENT. (a) An
application for court-ordered mental health services may not be
filed against a patient receiving voluntary inpatient services
unless:
(1) a request for release of the patient has been filed with the
facility administrator; or
(2) in the opinion of the physician responsible for the
patient's treatment, the patient meets the criteria for
court-ordered mental health services and:
(A) is absent from the facility without authorization;
(B) is unable to consent to appropriate and necessary
psychiatric treatment; or
(C) refuses to consent to necessary and appropriate treatment
recommended by the physician responsible for the patient's
treatment and that physician completes a certificate of medical
examination for mental illness that, in addition to the
information required by Section 574.011, includes the opinion of
the physician that:
(i) there is no reasonable alternative to the treatment
recommended by the physician; and
(ii) the patient will not benefit from continued inpatient care
without the recommended treatment.
(b) The physician responsible for the patient's treatment shall
notify the patient if the physician intends to file an
application for court-ordered mental health services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.04, eff.
Aug. 30, 1993.