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.
  • Provides that a person accepted for a preliminary mental health examination may be detained for no longer than 48 hours after arriving at the facility unless a written order for protective custody is obtained.
  • Provides for a priority system among those authorized to transport patients of mental health facilities.

Texas Statutes

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Relevant Federal Laws