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Chapter 591 - General Provisions
Subchapter A. General Provisions
Section 591.001. Short Title - Sec. 591.001. SHORT TITLE. This subtitle may be cited as...
Section 591.002. Purpose - Sec. 591.002. PURPOSE. (a) It is the public policy of...
Section 591.003. Definitions - Sec. 591.003. DEFINITIONS. In this subtitle: (1) "Adaptive behavior" means...
Section 591.004. Rules - Sec. 591.004. RULES. The executive commissioner by rule shall ensure...
Section 591.005. Least Restrictive Alternative - Sec. 591.005. LEAST RESTRICTIVE ALTERNATIVE. The least restrictive alternative is:...
Section 591.006. Consent - Sec. 591.006. CONSENT. (a) Consent given by a person is...
Subchapter B. Duties of Department
Section 591.011. Department Responsibilities - Sec. 591.011. DEPARTMENT RESPONSIBILITIES. (a) Subject to the executive commissioner's...
Section 591.013. Long-Range Plan - Sec. 591.013. LONG-RANGE PLAN. (a) The commission shall develop a...
Subchapter C. Penalties and Remedies
Section 591.021. Criminal Penalty - Sec. 591.021. CRIMINAL PENALTY. (a) A person commits an offense...
Section 591.022. Civil Penalty - Sec. 591.022. CIVIL PENALTY. (a) A person who intentionally violates...
Section 591.023. Injunctive Relief; Civil Penalty - Sec. 591.023. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) A district court,...
Section 591.024. Civil Action Against Department Employee - Sec. 591.024. CIVIL ACTION AGAINST DEPARTMENT EMPLOYEE. (a) The state...
Section 591.025. Liability - Sec. 591.025. LIABILITY. An officer or employee of the department...
Chapter 592 - Rights of Persons With an Intellectual Disability
Section 592.001. Purpose - Sec. 592.001. PURPOSE. The purpose of this chapter is to...
Section 592.002. Rules - Sec. 592.002. RULES. The executive commissioner by rule shall ensure...
Subchapter B. Basic Bill of Rights
Section 592.011. Rights Guaranteed - Sec. 592.011. RIGHTS GUARANTEED. (a) Each person with an intellectual...
Section 592.012. Protection From Exploitation and Abuse - Sec. 592.012. PROTECTION FROM EXPLOITATION AND ABUSE. Each person with...
Section 592.013. Least Restrictive Living Environment - Sec. 592.013. LEAST RESTRICTIVE LIVING ENVIRONMENT. Each person with an...
Section 592.014. Education - Sec. 592.014. EDUCATION. Each person with an intellectual disability has...
Section 592.015. Employment - Sec. 592.015. EMPLOYMENT. An employer, employment agency, or labor organization...
Section 592.016. Housing - Sec. 592.016. HOUSING. An owner, lessee, sublessee, assignee, or managing...
Section 592.017. Treatment and Services - Sec. 592.017. TREATMENT AND SERVICES. Each person with an intellectual...
Section 592.018. Determination of an Intellectual Disability - Sec. 592.018. DETERMINATION OF AN INTELLECTUAL DISABILITY. A person thought...
Section 592.019. Administrative Hearing - Sec. 592.019. ADMINISTRATIVE HEARING. A person who files an application...
Section 592.020. Independent Determination of an Intellectual Disability - Sec. 592.020. INDEPENDENT DETERMINATION OF AN INTELLECTUAL DISABILITY. A person...
Section 592.021. Additional Rights - Sec. 592.021. ADDITIONAL RIGHTS. Each person with an intellectual disability...
Subchapter C. Rights of Clients
Section 592.031. Rights in General - Sec. 592.031. RIGHTS IN GENERAL. (a) Each client has the...
Section 592.032. Least Restrictive Alternative - Sec. 592.032. LEAST RESTRICTIVE ALTERNATIVE. Each client has the right...
Section 592.033. Individualized Plan - Sec. 592.033. INDIVIDUALIZED PLAN. (a) Each client has the right...
Section 592.034. Review and Reevaluation - Sec. 592.034. REVIEW AND REEVALUATION. (a) Each client has the...
Section 592.035. Participation in Planning - Sec. 592.035. PARTICIPATION IN PLANNING. (a) Each client, and parent...
Section 592.036. Withdrawal From Voluntary Services - Sec. 592.036. WITHDRAWAL FROM VOLUNTARY SERVICES. (a) Except as provided...
Section 592.037. Freedom From Mistreatment - Sec. 592.037. FREEDOM FROM MISTREATMENT. Each client has the right...
Section 592.038. Freedom From Unnecessary Medication - Sec. 592.038. FREEDOM FROM UNNECESSARY MEDICATION. (a) Each client has...
Section 592.039. Grievances - Sec. 592.039. GRIEVANCES. A client, or a person acting on...
Section 592.040. Information About Rights - Sec. 592.040. INFORMATION ABOUT RIGHTS. (a) On admission for intellectual...
Subchapter D. Rights of Residents
Section 592.051. General Rights of Residents - Sec. 592.051. GENERAL RIGHTS OF RESIDENTS. Each resident has the...
Section 592.052. Medical and Dental Care and Treatment - Sec. 592.052. MEDICAL AND DENTAL CARE AND TREATMENT. Each resident...
Section 592.053. Standards of Care - Sec. 592.053. STANDARDS OF CARE. Medical and dental care and...
Section 592.054. Duties of Director - Sec. 592.054. DUTIES OF DIRECTOR. (a) Except as limited by...
Section 592.055. Unusual or Hazardous Treatment - Sec. 592.055. UNUSUAL OR HAZARDOUS TREATMENT. This subtitle does not...
Section 592.056. Notification of Trust Exemption - Sec. 592.056. NOTIFICATION OF TRUST EXEMPTION. (a) At the time...
Subchapter E. Use of Restraints in State Supported Living Centers
Section 592.102. Use of Restraints - Sec. 592.102. USE OF RESTRAINTS. (a) The executive commissioner shall...
Section 592.103. Standing Orders for Restraints Prohibited - Sec. 592.103. STANDING ORDERS FOR RESTRAINTS PROHIBITED. (a) A person...
Section 592.104. Straitjackets Prohibited - Sec. 592.104. STRAITJACKETS PROHIBITED. A person may not use a...
Section 592.105. Duty to Report - Sec. 592.105. DUTY TO REPORT. A state supported living center...
Section 592.106. Conflict With Other Law - Sec. 592.106. CONFLICT WITH OTHER LAW. To the extent of...
Subchapter F. Administration of Psychoactive Medications
Section 592.151. Definitions - Sec. 592.151. DEFINITIONS. In this subchapter: (1) "Capacity" means a...
Section 592.152. Administration of Psychoactive Medication - Sec. 592.152. ADMINISTRATION OF PSYCHOACTIVE MEDICATION. (a) A person may...
Section 592.153. Administration of Medication to Client Committed to Residential Care Facility - Sec. 592.153. ADMINISTRATION OF MEDICATION TO CLIENT COMMITTED TO RESIDENTIAL...
Section 592.154. Physician's Application for Order to Authorize Psychoactive Medication; Date of Hearing - Sec. 592.154. PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION;...
Section 592.155. Rights of Client - Sec. 592.155. RIGHTS OF CLIENT. A client for whom an...
Section 592.156. Hearing and Order Authorizing Psychoactive Medication - Sec. 592.156. HEARING AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION. (a) The...
Section 592.157. Finding That Client Presents a Danger - Sec. 592.157. FINDING THAT CLIENT PRESENTS A DANGER. In making...
Section 592.158. Appeal - Sec. 592.158. APPEAL. (a) A client may appeal an order...
Section 592.159. Effect of Order - Sec. 592.159. EFFECT OF ORDER. (a) A person's consent to...
Section 592.160. Expiration of Order - Sec. 592.160. EXPIRATION OF ORDER. (a) Except as provided by...
Chapter 593 - Admission and Commitment to Intellectual Disability Services
Section 593.001. Admission - Sec. 593.001. ADMISSION. A person may be admitted for intellectual...
Section 593.002. Consent Required - Sec. 593.002. CONSENT REQUIRED. (a) Except as provided by Subsection...
Section 593.003. Requirement of Determination of an Intellectual Disability - Sec. 593.003. REQUIREMENT OF DETERMINATION OF AN INTELLECTUAL DISABILITY. Except...
Section 593.004. Application for Determination of an Intellectual Disability - Sec. 593.004. APPLICATION FOR DETERMINATION OF AN INTELLECTUAL DISABILITY. (a)...
Section 593.005. Determination of an Intellectual Disability - Sec. 593.005. DETERMINATION OF AN INTELLECTUAL DISABILITY. (a) In this...
Section 593.006. Report - Sec. 593.006. REPORT. A person who files an application for...
Section 593.007. Notification of Certain Rights - Sec. 593.007. NOTIFICATION OF CERTAIN RIGHTS. The department shall inform...
Section 593.008. Administrative Hearing - Sec. 593.008. ADMINISTRATIVE HEARING. (a) The proposed client and contestant...
Section 593.009. Hearing Report; Final Decision - Sec. 593.009. HEARING REPORT; FINAL DECISION. (a) After each hearing,...
Section 593.010. Appeal - Sec. 593.010. APPEAL. (a) A party to a hearing may...
Section 593.011. Fees for Services - Sec. 593.011. FEES FOR SERVICES. (a) The department shall charge...
Section 593.012. Absent Without Authority - Sec. 593.012. ABSENT WITHOUT AUTHORITY. (a) The director of a...
Section 593.013. Requirement of Interdisciplinary Team Recommendation - Sec. 593.013. REQUIREMENT OF INTERDISCIPLINARY TEAM RECOMMENDATION. (a) A person...
Section 593.014. Epilepsy - Sec. 593.014. EPILEPSY. A person may not be denied admission...
Subchapter B. Application and Admission to Voluntary Intellectual Disability Services
Section 593.021. Application for Voluntary Services - Sec. 593.021. APPLICATION FOR VOLUNTARY SERVICES. (a) The proposed client...
Section 593.022. Admission to Voluntary Intellectual Disability Services - Sec. 593.022. ADMISSION TO VOLUNTARY INTELLECTUAL DISABILITY SERVICES. (a) An...
Section 593.023. Rules Relating to Planning of Services or Treatment - Sec. 593.023. RULES RELATING TO PLANNING OF SERVICES OR TREATMENT....
Section 593.024. Application for Voluntary Residential Care Services - Sec. 593.024. APPLICATION FOR VOLUNTARY RESIDENTIAL CARE SERVICES. (a) An...
Section 593.025. Placement Preference - Sec. 593.025. PLACEMENT PREFERENCE. Preference for requested, voluntary placement in...
Section 593.026. Regular Voluntary Admission - Sec. 593.026. REGULAR VOLUNTARY ADMISSION. A regular voluntary admission is...
Section 593.027. Emergency Admission - Sec. 593.027. EMERGENCY ADMISSION. (a) An emergency admission to a...
Section 593.0275. Emergency Services - Sec. 593.0275. EMERGENCY SERVICES. (a) A person may receive emergency...
Section 593.028. Respite Care - Sec. 593.028. RESPITE CARE. (a) A person may be admitted...
Section 593.029. Treatment of Minor Who Reaches Majority - Sec. 593.029. TREATMENT OF MINOR WHO REACHES MAJORITY. When a...
Section 593.030. Withdrawal From Services - Sec. 593.030. WITHDRAWAL FROM SERVICES. A resident voluntarily admitted to...
Subchapter C. Commitment to Residential Care Facility
Section 593.041. Application for Placement; Jurisdiction - Sec. 593.041. APPLICATION FOR PLACEMENT; JURISDICTION. (a) A proposed resident,...
Section 593.042. Form of Application - Sec. 593.042. FORM OF APPLICATION. (a) An application for commitment...
Section 593.043. Representation by Counsel; Appointment of Attorney - Sec. 593.043. REPRESENTATION BY COUNSEL; APPOINTMENT OF ATTORNEY. (a) The...
Section 593.044. Order for Protective Custody - Sec. 593.044. ORDER FOR PROTECTIVE CUSTODY. (a) The court in...
Section 593.045. Detention in Protective Custody - Sec. 593.045. DETENTION IN PROTECTIVE CUSTODY. (a) A person under...
Section 593.046. Release From Protective Custody - Sec. 593.046. RELEASE FROM PROTECTIVE CUSTODY. (a) The administrator of...
Section 593.047. Setting on Application - Sec. 593.047. SETTING ON APPLICATION. On the filing of an...
Section 593.048. Hearing Notice - Sec. 593.048. HEARING NOTICE. (a) Not later than the 11th...
Section 593.049. Hearing Before Jury; Procedure - Sec. 593.049. HEARING BEFORE JURY; PROCEDURE. (a) On request of...
Section 593.050. Conduct of Hearing - Sec. 593.050. CONDUCT OF HEARING. (a) The hearing must be...
Section 593.051. Dismissal After Hearing - Sec. 593.051. DISMISSAL AFTER HEARING. If long-term placement in a...
Section 593.052. Order for Commitment - Sec. 593.052. ORDER FOR COMMITMENT. (a) A proposed resident may...
Section 593.053. Decision - Sec. 593.053. DECISION. The court in each case shall promptly...
Section 593.054. Not a Judgment of Incompetence - Sec. 593.054. NOT A JUDGMENT OF INCOMPETENCE. An order for...
Section 593.055. Designation of Facility - Sec. 593.055. DESIGNATION OF FACILITY. If placement in a residential...
Section 593.056. Appeal - Sec. 593.056. APPEAL. (a) A party to a commitment proceeding...
Subchapter D. Fees
Section 593.071. Application of Subchapter - Sec. 593.071. APPLICATION OF SUBCHAPTER. This subchapter applies only to...
Section 593.072. Inability to Pay - Sec. 593.072. INABILITY TO PAY. A resident may not be...
Section 593.073. Determination of Residential Costs - Sec. 593.073. DETERMINATION OF RESIDENTIAL COSTS. The executive commissioner by...
Section 593.074. Maximum Fees - Sec. 593.074. MAXIMUM FEES. (a) Except as provided by this...
Section 593.075. Sliding Fee Schedule - Sec. 593.075. SLIDING FEE SCHEDULE. (a) The executive commissioner by...
Section 593.076. Fee Schedule for Divorced Parents - Sec. 593.076. FEE SCHEDULE FOR DIVORCED PARENTS. (a) If the...
Section 593.077. Child Support Payments for Benefit of Resident - Sec. 593.077. CHILD SUPPORT PAYMENTS FOR BENEFIT OF RESIDENT. (a)...
Section 593.078. Payment for Adult Residents - Sec. 593.078. PAYMENT FOR ADULT RESIDENTS. (a) A parent of...
Section 593.080. State Claims for Unpaid Fees - Sec. 593.080. STATE CLAIMS FOR UNPAID FEES. (a) Unpaid charges...
Section 593.081. Trust Exemption - Sec. 593.081. TRUST EXEMPTION. (a) If the resident is the...
Section 593.082. Filing of Claims - Sec. 593.082. FILING OF CLAIMS. (a) In this section: (1)...
Subchapter E. Admission and Commitment Under Prior Law
Section 593.091. Admission and Commitment - Sec. 593.091. ADMISSION AND COMMITMENT. A resident admitted or committed...
Section 593.092. Discharge of Person Voluntarily Admitted to Residential Care Facility - Sec. 593.092. DISCHARGE OF PERSON VOLUNTARILY ADMITTED TO RESIDENTIAL CARE...
Section 593.093. Reimbursement to County - Sec. 593.093. REIMBURSEMENT TO COUNTY. (a) The state shall reimburse...
Chapter 594 - Transfer and Discharge
Section 594.001. Applicability of Chapter - Sec. 594.001. APPLICABILITY OF CHAPTER. (a) A client may not...
Section 594.002. Leave; Furlough - Sec. 594.002. LEAVE; FURLOUGH. The director may grant or deny...
Section 594.003. Habeas Corpus - Sec. 594.003. HABEAS CORPUS. This chapter does not alter or...
Subchapter B. Transfer or Discharge
Section 594.011. Service Provider - Sec. 594.011. SERVICE PROVIDER. A service provider shall transfer a...
Section 594.012. Request by Client, Parent, or Guardian - Sec. 594.012. REQUEST BY CLIENT, PARENT, OR GUARDIAN. (a) A...
Section 594.013. Notice of Transfer or Discharge; Approval - Sec. 594.013. NOTICE OF TRANSFER OR DISCHARGE; APPROVAL. (a) A...
Section 594.014. Right to Administrative Hearing - Sec. 594.014. RIGHT TO ADMINISTRATIVE HEARING. (a) A client and...
Section 594.015. Administrative Hearing - Sec. 594.015. ADMINISTRATIVE HEARING. (a) An administrative hearing to contest...
Section 594.016. Decision - Sec. 594.016. DECISION. (a) After each case, the hearing officer...
Section 594.017. Appeal - Sec. 594.017. APPEAL. (a) A party to a hearing may...
Section 594.018. Notice to Committing Court - Sec. 594.018. NOTICE TO COMMITTING COURT. When a resident is...
Section 594.019. Alternative Services - Sec. 594.019. ALTERNATIVE SERVICES. (a) The department shall provide appropriate...
Subchapter C. Transfer to State Mental Hospital
Section 594.0301. Definition - Sec. 594.0301. DEFINITION. In this subchapter, "state mental hospital" has...
Section 594.031. Transfer of Voluntary Resident - Sec. 594.031. TRANSFER OF VOLUNTARY RESIDENT. A voluntary resident may...
Section 594.032. Transfer of Court-Committed Resident - Sec. 594.032. TRANSFER OF COURT-COMMITTED RESIDENT. (a) The director may...
Section 594.033. Evaluation; Court Order - Sec. 594.033. EVALUATION; COURT ORDER. The hospital administrator of the...
Section 594.034. Request for Transfer Order - Sec. 594.034. REQUEST FOR TRANSFER ORDER. (a) If the evaluation...
Section 594.035. Hearing Date - Sec. 594.035. HEARING DATE. When the committing court receives the...
Section 594.036. Notice - Sec. 594.036. NOTICE. (a) A copy of the transfer request...
Section 594.037. Hearing Location - Sec. 594.037. HEARING LOCATION. (a) The judge may hold a...
Section 594.038. Hearing Before Jury - Sec. 594.038. HEARING BEFORE JURY. (a) The transfer hearing must...
Section 594.039. Resident Present at Hearing - Sec. 594.039. RESIDENT PRESENT AT HEARING. The resident is entitled...
Section 594.040. Opening Hearing - Sec. 594.040. OPENING HEARING. The transfer hearing must be open...
Section 594.041. Medical Evidence - Sec. 594.041. MEDICAL EVIDENCE. (a) At least two physicians, at...
Section 594.042. Hearing Determination - Sec. 594.042. HEARING DETERMINATION. The court by order shall approve...
Section 594.043. Discharge of Resident - Sec. 594.043. DISCHARGE OF RESIDENT. A resident who is transferred...
Section 594.044. Transfer to Residential Care Facility - Sec. 594.044. TRANSFER TO RESIDENTIAL CARE FACILITY. (a) Except as...
Section 594.045. Return of Court-Ordered Transfer Resident - Sec. 594.045. RETURN OF COURT-ORDERED TRANSFER RESIDENT. (a) If a...
Chapter 595 - Records
Section 595.001. Confidentiality of Records - Sec. 595.001. CONFIDENTIALITY OF RECORDS. Records of the identity, diagnosis,...
Section 595.002. Rules - Sec. 595.002. RULES. The executive commissioner shall adopt rules to...
Section 595.003. Consent to Disclosure - Sec. 595.003. CONSENT TO DISCLOSURE. (a) The content of a...
Section 595.004. Right to Personal Record - Sec. 595.004. RIGHT TO PERSONAL RECORD. (a) The content of...
Section 595.005. Exceptions - Sec. 595.005. EXCEPTIONS. (a) The content of a confidential record...
Section 595.0055. Disclosure of Name and Birth and Death Dates for Certain Purposes - Sec. 595.0055. DISCLOSURE OF NAME AND BIRTH AND DEATH DATES...
Section 595.006. Use of Record in Criminal Proceedings - Sec. 595.006. USE OF RECORD IN CRIMINAL PROCEEDINGS. Except as...
Section 595.007. Confidentiality of Past Services - Sec. 595.007. CONFIDENTIALITY OF PAST SERVICES. The prohibition against disclosing...
Section 595.008. Exchange of Records - Sec. 595.008. EXCHANGE OF RECORDS. The prohibitions against disclosure apply...
Section 595.009. Receipt of Information by Persons Other Than Client or Patient - Sec. 595.009. RECEIPT OF INFORMATION BY PERSONS OTHER THAN CLIENT...
Section 595.010. Disclosure of Physical or Mental Condition - Sec. 595.010. DISCLOSURE OF PHYSICAL OR MENTAL CONDITION. This chapter...
Chapter 597 - Capacity of Clients to Consent to Treatment
Section 597.001. Definitions - Sec. 597.001. DEFINITIONS. In this chapter: (1) "Highly restrictive procedure"...
Section 597.002. Rules - Sec. 597.002. RULES. The executive commissioner may adopt rules necessary...
Section 597.003. Exceptions - Sec. 597.003. EXCEPTIONS. (a) This chapter does not apply to...
Subchapter B. Assessment of Client's Capacity; Incapacitated Clients Without Guardians
Section 597.021. Icf-Iid Assessment of Client's Capacity to Consent to Treatment - Sec. 597.021. ICF-IID ASSESSMENT OF CLIENT'S CAPACITY TO CONSENT TO...
Subchapter C. Surrogate Consent for Icf-Iid Clients
Section 597.041. Surrogate Decision-Makers - Sec. 597.041. SURROGATE DECISION-MAKERS. (a) If the results of an...
Section 597.042. Surrogate Consent Committee Established; Departmental Support - Sec. 597.042. SURROGATE CONSENT COMMITTEE ESTABLISHED; DEPARTMENTAL SUPPORT. (a) For...
Section 597.043. Committee Membership - Sec. 597.043. COMMITTEE MEMBERSHIP. (a) A surrogate consent committee considering...
Section 597.044. Application for Treatment Decision - Sec. 597.044. APPLICATION FOR TREATMENT DECISION. (a) If the results...
Section 597.045. Notice of Review of Application for Treatment Decision - Sec. 597.045. NOTICE OF REVIEW OF APPLICATION FOR TREATMENT DECISION....
Section 597.046. Prereview of Application - Sec. 597.046. PREREVIEW OF APPLICATION. (a) Before the date of...
Section 597.047. Confidential Information - Sec. 597.047. CONFIDENTIAL INFORMATION. Notwithstanding any other state law, a...
Section 597.048. Review of Application - Sec. 597.048. REVIEW OF APPLICATION. (a) The committee shall review...
Section 597.049. Determination of Best Interest - Sec. 597.049. DETERMINATION OF BEST INTEREST. (a) The committee shall...
Section 597.050. Notice of Determination - Sec. 597.050. NOTICE OF DETERMINATION. (a) The committee shall issue...
Section 597.051. Effect of Committee's Determination - Sec. 597.051. EFFECT OF COMMITTEE'S DETERMINATION. This chapter does not...
Section 597.052. Scope of Consent - Sec. 597.052. SCOPE OF CONSENT. (a) The committee or the...
Section 597.053. Appeals - Sec. 597.053. APPEALS. (a) A person notified under Section 597.045...
Section 597.054. Procedures - Sec. 597.054. PROCEDURES. (a) Each ICF-IID shall develop procedures for...