Sec. 571.003. DEFINITIONS. In this subtitle:
(1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(108), eff. April 2, 2015.
(2) "Commissioner" means the commissioner of state health services.
(3) "Commitment order" means a court order for involuntary inpatient mental health services under this subtitle.
(4) "Community center" means a center established under Subchapter A, Chapter 534 that provides mental health services.
(5) "Department" means the Department of State Health Services.
(5-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(6) "Facility administrator" means the individual in charge of a mental health facility.
(7) "General hospital" means a hospital operated primarily to diagnose, care for, and treat persons who are physically ill.
(8) "Hospital administrator" means the individual in charge of a hospital.
(9) "Inpatient mental health facility" means a mental health facility that can provide 24-hour residential and psychiatric services and that is:
(A) a facility operated by the department;
(B) a private mental hospital licensed by the department;
(C) a community center, facility operated by or under contract with a community center or other entity the department designates to provide mental health services;
(D) a local mental health authority or a facility operated by or under contract with a local mental health authority;
(E) an identifiable part of a general hospital in which diagnosis, treatment, and care for persons with mental illness is provided and that is licensed by the department; or
(F) a hospital operated by a federal agency.
(10) "Legal holiday" includes a holiday listed in Section 662.021, Government Code, and an officially designated county holiday applicable to a court in which proceedings under this subtitle are held.
(11) "Local mental health authority" means an entity to which the executive commissioner delegates the executive commissioner's authority and responsibility within a specified region for planning, policy development, coordination, including coordination with criminal justice entities, and resource development and allocation and for supervising and ensuring the provision of mental health services to persons with mental illness in the most appropriate and available setting to meet individual needs in one or more local service areas.
(12) "Mental health facility" means:
(A) an inpatient or outpatient mental health facility operated by the department, a federal agency, a political subdivision, or any person;
(B) a community center or a facility operated by a community center;
(C) that identifiable part of a general hospital in which diagnosis, treatment, and care for persons with mental illness is provided; or
(D) with respect to a reciprocal agreement entered into under Section 571.0081, any hospital or facility designated as a place of commitment by the department, a local mental health authority, and the contracting state or local authority.
(13) "Mental hospital" means a hospital:
(A) operated primarily to provide inpatient care and treatment for persons with mental illness; or
(B) operated by a federal agency that is equipped to provide inpatient care and treatment for persons with mental illness.
(14) "Mental illness" means an illness, disease, or condition, other than epilepsy, dementia, substance abuse, or intellectual disability, that:
(A) substantially impairs a person's thought, perception of reality, emotional process, or judgment; or
(B) grossly impairs behavior as demonstrated by recent disturbed behavior.
(15) "Non-physician mental health professional" means:
(A) a psychologist licensed to practice in this state and designated as a health-service provider;
(B) a registered nurse with a master's or doctoral degree in psychiatric nursing;
(C) a licensed clinical social worker;
(D) a licensed professional counselor licensed to practice in this state;
(E) a licensed marriage and family therapist licensed to practice in this state; or
(F) a physician assistant licensed to practice in this state who has expertise in psychiatry or is currently working in a mental health facility.
(16) "Patient" means an individual who is receiving voluntary or involuntary mental health services under this subtitle.
(17) "Person" includes an individual, firm, partnership, joint-stock company, joint venture, association, and corporation.
(18) "Physician" means:
(A) a person licensed to practice medicine in this state;
(B) a person employed by a federal agency who has a license to practice medicine in any state; or
(C) a person authorized to perform medical acts under a physician-in-training permit at a Texas postgraduate training program approved by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the Texas Medical Board.
(19) "Political subdivision" includes a county, municipality, or hospital district in this state but does not include a department, board, or agency of the state that has statewide authority and responsibility.
(20) "Private mental hospital" means a mental hospital operated by a person or political subdivision.
(21) "State mental hospital" means a mental hospital operated by the department.
(22) Repealed by Acts 2001, 77th Leg., ch. 367, Sec. 19, eff. Sept. 1, 2001.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 573, Sec. 4.01, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(15), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 500, Sec. 2, eff. May 31, 1997; Acts 1999, 76th Leg., ch. 75, Sec. 1, eff. May 12, 1999; Acts 1999, 76th Leg., ch. 543, Sec. 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 722, Sec. 1, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 367, Sec. 4, 19, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 892, Sec. 27, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 169 (S.B. 1889), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1355, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(108), eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 335 (H.B. 2093), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 571 - General Provisions
Section 571.004. Least Restrictive Appropriate Setting
Section 571.005. Texas Mental Health Code Information Program
Section 571.006. Executive Commissioner and Department Powers
Section 571.0065. Treatment Methods
Section 571.0066. Prescription Medication Information
Section 571.0067. Restraint and Seclusion
Section 571.007. Delegation of Powers and Duties
Section 571.008. Return of Committed Patient to State of Residence
Section 571.0081. Return of Committed Patient to State of Residence; Reciprocal Agreements
Section 571.009. Effect of Certain Conditions on Admission or Commitment
Section 571.010. Agent for Service of Process
Section 571.011. Application to Persons Charged With Crime
Section 571.012. Court Hours; Availability of Judge or Magistrate
Section 571.013. Method of Giving Notice
Section 571.014. Filing Requirements
Section 571.015. Inspection of Court Records
Section 571.016. Representation of State
Section 571.0165. Extension of Detention Period
Section 571.0166. Proceedings on Behalf of the State
Section 571.0167. Habeas Corpus Proceedings
Section 571.017. Compensation of Court-Appointed Personnel
Section 571.019. Limitation of Liability
Section 571.020. Criminal Penalties
Section 571.021. Enforcement Officers
Section 571.023. Civil Penalty
Section 571.024. Notice of Suit