2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
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.