Health and Safety Code
SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES
CHAPTER 321. PROVISION OF MENTAL HEALTH, CHEMICAL DEPENDENCY,
AND
REHABILITATION SERVICES
Sec. 321.001. Definitions.
In this chapter:
(1) "Comprehensive medical rehabilitation" means the provision of
rehabilitation services that are designed to improve or minimize
a person's physical or cognitive disabilities, maximize a
person's functional ability, or restore a person's lost
functional capacity through close coordination of services,
communication, interaction, and integration among several
professions that share the responsibility to achieve team
treatment goals for the person.
(2) "Hospital" has the meaning assigned by Section 241.003.
(3) "License" means a state agency permit, certificate, approval,
registration, or other form of permission required by state law.
(4) "Mental health facility" has the meaning assigned by Section
571.003.
(5) "State health care regulatory agency" means a state agency
that licenses a health care professional.
(6) "Treatment facility" has the meaning assigned by Section
464.001.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,
1993.
Sec. 321.002. Bill of Rights.
(a) The Texas Board of Mental Health and Mental Retardation,
Texas Board of Health, and Texas Commission on Alcohol and Drug
Abuse by rule shall each adopt a "patient's bill of rights" that
includes the applicable rights included in this chapter, Subtitle
C of Title 7, Chapters 241, 462, 464, and 466, and any other
provisions the agencies consider necessary to protect the health,
safety, and rights of a patient receiving voluntary or
involuntary mental health, chemical dependency, or comprehensive
medical rehabilitation services in an inpatient facility. In
addition, each agency shall adopt rules that:
(1) provide standards to prevent the admission of a minor to
a facility for treatment of a condition that is not generally
recognized as responsive to treatment in an inpatient treatment
setting; and
(2) prescribe the procedure for presenting the applicable
bill of rights and obtaining each necessary signature if:
(A) the patient cannot comprehend the information
because of illness, age, or other factors; or
(B) an emergency exists that precludes immediate
presentation of the information.
(b) The Board of Protective and Regulatory Services by rule
shall adopt a "children's bill of rights" for a minor receiving
treatment in a child-care facility for an emotional, mental
health, or chemical dependency problem.
(c) A "bill of rights" adopted under this section must
specifically address the rights of minors and provide that a
minor is entitled to:
(1) appropriate treatment in the least restrictive setting
available;
(2) not receive unnecessary or excessive medication;
(3) an individualized treatment plan and to participate in
the development of the plan; and
(4) a humane treatment environment that provides reasonable
protection from harm and appropriate privacy for personal
needs.
(d) Rules adopted under this section shall provide for:
(1) treatment of minors by persons who have specialized
education and training in the emotional, mental health, and
chemical dependency problems and treatment of minors;
(2) separation of minor patients from adult patients; and
(3) regular communication between a minor patient and the
patient's family, subject only to a restriction in accordance
with Section 576.006.
(e) The Texas Board of Health, Texas Board of Mental Health and
Mental Retardation, Texas Commission on Alcohol and Drug Abuse,
and Board of Protective and Regulatory Services shall consult
each other for assistance in adopting rules under this section.
(f) Before a facility may admit a patient for inpatient mental
health, chemical dependency, or comprehensive medical
rehabilitation services, or before a child-care facility may
accept a minor for treatment, the facility shall provide to the
person and, if appropriate, to the person's parent, managing
conservator, or guardian, a written copy of the applicable "bill
of rights" adopted under this section. The facility shall
provide the written copies in the person's primary language, if
possible. In addition, the facility shall ensure that, within 24
hours after the person is admitted to the facility, the rights
specified in the written copy are explained to the person and, if
appropriate, to the person's parent, managing conservator, or
guardian:
(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.
(g) The facility shall ensure that:
(1) each patient admitted for inpatient mental health,
chemical dependency, or comprehensive rehabilitation services
and each minor admitted for treatment in a child-care facility
and, if appropriate, the person's parent, managing conservator,
or guardian signs a copy of the document stating that the
person has read the document and understands the rights
specified in the document; and
(2) the signed copy is made a part of the person's clinical
record.
(h) A facility shall prominently and conspicuously post a copy
of the "bill of rights" for display in a public area of the
facility that is readily available to patients, residents,
employees, and visitors. The "bill of rights" must be in English
and in a second language.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,
1993.
Sec. 321.003. Suit for Harm Resulting From Violation.
(a) A treatment facility or mental health facility that
violates a provision of, or a rule adopted under, this chapter,
Subtitle C of Title 7, or Chapter 241, 462, 464, or 466 is liable
to a person receiving care or treatment in or from the facility
who is harmed as a result of the violation.
(b) A person who has been harmed by a violation may sue for
injunctive relief, damages, or both.
(c) A plaintiff who prevails in a suit under this section may
recover actual damages, including damages for mental anguish even
if an injury other than mental anguish is not shown.
(d) In addition to an award under Subsection (c), a plaintiff
who prevails in a suit under this section may recover exemplary
damages and reasonable attorney fees.
(e) A suit under this section may be brought in the district
court of the county in which:
(1) the plaintiff received care or treatment; or
(2) the defendant conducts business.
(f) A person harmed by a violation must bring suit not later
than the second anniversary of the date on which the person's
injury is discovered, except that a minor whose injury is
discovered before the minor's 18th birthday may bring suit at any
time before the minor's 20th birthday.
(g) This section does not supersede or abrogate any other
remedy existing in law.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,
1993.
Sec. 321.004. Penalties.
In addition to the penalties prescribed by this chapter, a
violation of a provision of this chapter by an individual or
facility that is licensed by a state health care regulatory
agency is subject to the same consequence as a violation of the
licensing law applicable to the individual or facility or of a
rule adopted under that licensing law.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 1.01, eff. Sept. 1,
1993