Texas Disability Law - Mental Health Protections

Texas Law

• Provides guidelines for serving individuals with mental illness to assure rights: record confidentiality , adequate treatment methods, admissions, use of medications, record access , and information about protection and advocacy
• Provides that individuals with mental illness are presumed competent until the contrary can be proven.
• Allows for independent evaluation at the individual's expense.
• Requires services be delivered in the most integrated setting possible.
• Provides that patients discharged or furloughed from inpatient services be provided sufficient medication until they can obtain new medication in their local area.
• Provides that offenders with mental illness may be transferred to treatment instead of incarceration when it is more appropriate.
• Allows a guardian to transport a ward to an inpatient mental health facility for a preliminary examination and to consent to the administration of psychoactive medication as prescribed by treating physician.
• Requires local authorities to ensure provision of disease management practices with jail diversion strategies for adults with bipolar disorder, schizophrenia, or severe depression and children with serious emotional illnesses.
• Permits the administration of psychoactive medication when authorized by a parent, guardian or court order.
• Prohibits a minor from refusing psychoactive medication authorized by a parent or guardian, or discharging themselves from a voluntary mental health facility if guardian or parent objects.
• Prohibits the use of certain restraints and seclusion techniques and provides whistleblower protections.

Texas Legal Citation

• Patient's Rights:
  Texas Health and Safety Code, Chapter 576
• Least Restrictive Appropriate Setting:
  Texas Health and Safety Code, Section 571.004
• Medication Upon Discharge:
  Texas Health and Safety Code, Section 574.081(c)
• Guardian Transport:
  Texas Probate Code, Sections 770A and 770(b)
• Disease Management:
  Health and Safety Code, Section 533.0354
• Psychoactive Medication
  Texas Health and Safety Code, Sections 574.004 and 574.102
• Minors
  Texas Health and Safety Code, Section 572.004
• Restraints and Seclusion
  Texas Health and Safety Code, Chapter 322

Contact

• Texas Department of State Health Services
  (800) 252-8154
  

For More Information

Texas Department of State Health Services
(800) 252-8154
Mental Health Rules and Statutes

Locate Your Local Mental Health Authority

Relevant Federal Laws

• Americans with Disabilities Act:
  U.S. Department of Justice
  (800) 514-0301; (800) 514-0383 (TTY)
  
• Civil Rights of Institutionalized Persons Act:
  U.S. Department of Justice
  (202) 514-6255
  

See Also:

• Accommodations for Jurors, Witnesses and Offenders