2005 Texas Health & Safety Code CHAPTER 572. VOLUNTARY INPATIENT MENTAL HEALTH SERVICES

HEALTH & SAFETY CODE

CHAPTER 572. VOLUNTARY INPATIENT MENTAL HEALTH SERVICES


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 705, § 4.01, eff. Aug. 30, 
1993;  Acts 1995, 74th Leg., ch. 393, § 1, eff. Aug. 28, 1995;  
Acts 2003, 78th Leg., ch. 1000, § 1, eff. June 20, 2003.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 393, § 2, eff. Aug. 28, 
1995;  Acts 2003, 78th Leg., ch. 1000, § 2, eff. June 20, 2003.


	§ 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, § 1.03, eff. May 1, 1994.  
Amended by Acts 1997, 75th Leg., ch. 337, § 2, eff. May 27, 1997.


	§ 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, § 4.03, eff. Aug. 30, 
1993.  Amended by Acts 1995, 74th Leg., ch. 422, § 1, eff. June 9, 
1995;  Acts 2003, 78th Leg., ch. 198, § 2.83, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 903, § 1.02, eff. Aug. 30, 
1993;  Acts 2003, 78th Leg., ch. 1000, § 3, eff. June 20, 2003.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 107, § 6.46, eff. Aug. 30, 
1993;  Acts 1993, 73rd Leg., ch. 705, § 4.02, eff. Aug. 30, 1993;  
Acts 2003, 78th Leg., ch. 1000, § 4, eff. June 20, 2003;  Acts 
2005, 79th Leg., ch. 48, § 1, eff. May 17, 2005.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 903, § 1.04, eff. Aug. 30, 
1993.