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.
What are my rights as a patient of a Texas health facility?
As a patient of a Texas Health Facility: You have the right to a reasonable response to your request and need for treatment or service, within the Facility's capacity, its stated mission, and applicable laws and regulations.
What is court ordered mental health services in Texas?
Court-ordered Mental Health Services (Texas Health and Safety Code, Sections 574.004 and 574.102) An attorney representing a proposed patient during a hearing for court-ordered mental health services must interview the proposed patient within a reasonable time before the date of the hearing.
Where can I get mental health services in Texas?
Texas Health and Human Services contracts with 37 local mental health authorities and two local behavioral health authorities to deliver mental health services in communities across Texas. LMHAs and LBHAs provide services to specific areas. To find where to get services in your area, you need to know which county you live in.
What are the rights of a patient receiving mental health services?
GENERAL RIGHTS RELATING TO TREATMENT. (a) A patient receiving mental health services under this subtitle has the right to: (1) appropriate treatment for the patient's mental illness in the least restrictive appropriate setting available; (2) not receive unnecessary or excessive medication; (3) refuse to participate in a research program;
What rights do mentally ill patients have?
The Mental Health Act NSW (2007) These rights include the right to be treated in an environment of least restrictive care that is safe, to participate in your care and have your preferences taken into account, and be informed about care, treatment, costs, alternatives, side effects and risks.
Do psychiatric patients have the right to refuse treatment?
Patients have a right to be informed and actively involved in their health care. Fundamental to a person's dignity and autonomy is the right to make decisions about their psychiatric treatment, including their right to refuse unwanted treatments, providing that the refusal is a capable one.
Does Texas have an involuntary commitment law?
Mandatory Treatment Laws in Texas Like every state, Texas has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily.
Can you be forced to go to a mental hospital?
You cannot legally be treated without your consent as a voluntary patient – you have the right to refuse treatment. This includes refusing medication that might be prescribed to you. (An exception to this is if you lack capacity to consent to treatment.)
Can a person be forced to take psychiatric medication?
All three states and Connecticut prohibit forcing involuntarily committed mentally ill people to take medication over their objection unless a court finds them incompetent to decide on their medical treatment. Each has a process for making competency determinations and treatment decisions.
Can you be forced to take antipsychotics?
If you are a voluntary adult patient, you have the right to consent to or refuse taking antipsychotic medications (except in an emergency). You may be treated with antipsychotic medications only after the hospital has completed the informed consent process, which is defined on the following page.
How long can a mental hospital hold a person?
It can last up to 28 days. It is the most common way for people to be detained, Under a section 2 (S2), you are detained in hospital for assessment of your mental health and to get any treatment you might need.
What are the legal rights of a patient in mental health court in Texas?
An individual who is a patient in an inpatient mental health facility has the right to: receive visitors; communicate with a person outside the facility by telephone or mail; and. communicate by telephone or mail with legal counsel, the state agency, the courts, and the state attorney general.
Can you commit someone to a mental hospital Texas?
a judge can order a peace officer to take you to an inpatient mental health facility based on an application filed by an adult, or. a peace officer can detain you and take you to an inpatient mental health facility without a court order or a warrant.
What is the 3 month rule in mental health?
Under Section 58, a 3-month rule specifically applies to medication for mental disorder for detained patients covering the first 3 calendar months commencing from the first date (not necessarily the date on which they were detained) they are administered such treatment as a detained patient; after 3 months such ...
What is Section 62 Mental Health Act?
The Mental Health Act Section 62 Section 62 allows for urgent treatment to be given to detained patients in advance of the Section 58 safeguards. A Second Opinion Appointed Doctor should normally have been requested before Section 62 is used.
What is Section 58 of the Mental Health Act?
Section 58 is in the part (Part IV) of the Act which is largely concerned with consent to treatment by patients detained on Sections 2, 3, or 37 of the Mental Health Act (1983). It applies to drug treatment if three months or more have elapsed since drugs were first given during the period of detention.
What are the rights of a patient in Texas?
A patient of an institution has: the right to register and vote at an election;
What are the rights of an inpatient mental health patient?
An individual who is a patient in an inpatient mental health facility has the right to: receive visitors; communicate with a person outside the facility by telephone or mail; and. communicate by telephone or mail with legal counsel, the state agency, the courts, and the state attorney general.
How old is a patient when admitted for mental health?
the patient is having a medication-related emergency; the patient is younger than 16 years of age, or the patient is younger than 18 years of age and is a patient admitted for voluntary mental health services, and the parent, managing conservator, or guardian consents to the administration on behalf of the patient; or.
What is the right of a patient receiving mental health services?
A patient receiving mental health services has the right to: appropriate treatment in the least restrictive appropriate setting available; not receive unnecessary or excessive medication; refuse to participate in a research program; an individualized treatment plan and to participate in developing the plan; and.
What is the number to call for mental health in Texas?
The National Alliance on Mental Illness (NAMI) Texas is an advocacy, support, and education organization that can be reached at (512) 693-2000.
What is the number to call for crisis counseling?
The Substance Abuse and Mental Health Services Administration (SAMHSA ): hosts a free, 24/7, 365-day-a-year disaster distress helpline, call or text 1-800-985-5990 to connect with a trained crisis counselor. Deaf and hard of hearing callers can contact the same number through their videophone to access 24/7 ASL support.
Who can evaluate a patient for inpatient mental health?
A patient receiving inpatient mental health services is entitled to obtain at the patient's cost an independent psychiatric, psychological, or medical examination or evaluation by a psychiatrist, physician, or no physician mental health professional chosen by the patient.
What is the right to refuse medical care?
You have the right to consent to or refuse medical care, to the extent permitted by law, and to be told of the risks of not having the treatment and other treatments which may be available. You have the right to reasonable access to care.
What is Texas Health Facility?
At Texas Health facilities (or "Facility"), we believe that the protection and support of the basic human rights of freedom of expression, decision and action are important to the healing and well-being of our patients. Therefore, we strive to treat patients with respect and with full recognition of human dignity. Decisions regarding health care treatment will not be based on race, creed, sex, national origin, age, disability, or sources of payment. As a patient of a Texas Health Facility:
What rights do you have to take part in research?
You also have the right to be given information about the expected benefits and risks of any research you choose to take part in and any alternative treatment that might benefit you.
What is the right to be free from restraints?
You have the right to be free from restraints that are not medically necessary; restraints include physical restraints and medicines. You have the right to be free from seclusion and restraints for behavior management except in emergencies as needed for your safety when less restrictive means may have been ineffective.
What is the right to have a family member or representative of your choice?
You have the right to have a family member or representative of your choice and your own physician notified promptly of your admission to the Facility. You have the right to have your family take part in your care decisions with your permission.
What is the right to information?
You have the right to the information necessary for you to make informed decisions, in consultation with your physician, about your medical care including information about your diagnosis, the proposed care and your prognosis in terms and a manner that you can understand before the start of your care.
What rights does an appointed representative have?
The person appointed has the right, to the extent permitted by law, to exercise your rights as a patient on your behalf. You and your appointed representative have the right to take part in ethical questions that arise during your care. You have the right to communicate with family, friends and others while you are a patient in ...
People who Need an Interpreter
If you have a hearing problem or you don’t speak English very well, you can ask for an interpreter to help you understand your rights.
People with IDD
People with IDD have the same rights as everyone else, unless a judge has taken them away. You can’t be treated differently because you have IDD.
Older People and People with Disabilities
People who are older or who have a disability have the same rights as other people. You can’t be treated differently because of your age or disability.
What do I do if I think my rights have been violated?
Call toll free 800-458-9858 and select Option 1 to talk with someone. Agents answer calls Monday through Friday from 7 a.m. – 7 p.m. If you call outside those hours, leave a message; an employee will call you back by the next workday.
What rights do you have in Texas?
You have all the rights of a citizen of the State of Texas and the United States of America, including the right of habeas corpus (this means you have the right to ask the court if it is legal, based on the procedures of your court commitment, for you to be kept in the hospital), property rights, guardianship rights, family rights, religious freedom, the right to register and vote, the right to sue and be sued, the right to sign contracts, and all the rights relating to licenses, permits, privileges, and benefits under the law.
What is the right to review medical records?
11. You have the right to review the information contained in your medical record. If your doctor says you shouldn’t see parts of your record, you have the right to have the decision reviewed. The right to review your records extends to your parent or conservator if you are a minor (unless you have admitted yourself to services) and to your legal guardian.
When do you have to file for mental health after a mental health exam?
After the examination, if he/she determines that you no longer need mental health services you must be discharged immediately. If the physician does not discharge you, he/she must file an application for court-ordered mental health services by 4 p.m. on the next business day after evaluating you.
Can you leave a mental health facility if you change your mind?
When you seek voluntary admission to an inpatient mental health facility, you may not be able to leave the facility, even in you change your mind. In certain situations, the facility may file an application for court-ordered mental health services, even if you initially came to them voluntarily.
Can a physician file for court ordered mental health services?
Your physician may not file an application for court-ordered mental health services unless you have requested to be released from the facility or your physician believes you meet the criteria for court-ordered mental health services and one of the following circumstances applies:
What is psychosocial rehabilitation?
Psychosocial Rehabilitative Services: Services to help a person develop and maintain relationships, occupational or educational achievement, independent living skills and housing. Services include social, educational, vocational, behavioral and cognitive interventions provided by a person’s treatment team.
What is the HHS mental health program?
HHS provides programs and services based on evidence-based practices to help people manage mental illness. The following is a list of basic services offered by LMHAs and LBHAs. Contact your local LMHA or LBHA for specific service details.
What is cognitive behavioral therapy?
Counseling (Cognitive Behavioral Therapy): Services to reduce symptoms of mental illness and increase ability to perform activities of daily living. Services include individual, family and group CBT therapy and recovery or treatment planning to improve recovery and resiliency.
How to ensure people who need services can exercise consumer choice?
Ensure people who need services can exercise consumer choice by helping them decide on their services, service provider and location of services. Ensure the best use of public money to create a network of service providers and determine whether to provide a service or to contract that service to another organization.
How long can you be in custody in Texas?
If the 48-hour period ends on a weekend or holiday, you may be detained until 4 p.m. on the next business day.
Where is the Consumer Rights Officer in Texas?
the Consumer Rights Officer, located in all mental health facilities, the Department of State Health Services Office of Consumer Services and Rights Protection at 800-252-8154, and/or. Disability Rights Texas at 800-252-9108. To request this handout in ASL, Braille, or as an audio file, contact us. Last updated: September 30, 2018.
What happens after a peace officer detains you?
After the peace officer detains you, you must be immediately taken to the nearest appropriate mental health facility for an evaluation. This evaluation will determine whether you can be held longer or whether you must be released.
How long after being taken to an inpatient facility can you be examined?
You have the following rights after you have been taken to an inpatient mental health facility following an emergency detention: You must be examined by a doctor as soon as possible within 12 hours of arriving at the facility.
What is the decision to detain you on an emergency basis?
The decision to detain you on an emergency basis must be based on either personal observation or another person’s reliable observation of your recent behavior that makes them believe that: you are mentally ill, and.
How long does it take to be told where you are in a mental health facility?
Upon Admission to a Mental Health Facility. Within 24 hours after you have been admitted to the mental health facility, you must be told both orally and in writing in the language you understand best, or if you are hearing or visually impaired, in the way you communicate best, the following: You must be told where you are ...
What are the rights of emergency commitment?
Your Legal Rights Under Emergency Commitment. All people have certain basic legal rights, including people with mental illness and people who are in mental health facilities. In some cases, these rights can be restricted by a judge or by your doctor. The following is information you need to know about your rights if you are taken ...