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.