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.
(c) The plan shall be implemented as soon as possible but not
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;
or
(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.
(c) Each client has the right to a periodic reassessment.
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.
(c) Medication for each client may be authorized only by
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.
(c) Notice given solely to the parent or guardian of the person
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.