Texas Health And Safety Code Title 6, Chapter 462 - Treatment Of Persons With Chemical Dependencies
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 462.001 - Definitions
In this chapter: (1) "Applicant" means a person who files an application for emergency detention, protective custody, or commitment of a person with a chemical...
- Texas Section 462.002 - Filing Requirements
(a) Each application, petition, certificate, or other paper permitted or required to be filed in a court having original jurisdiction under this chapter must be...
- Texas Section 462.0025 - Court Hours
(a) The probate court or court having probate jurisdiction shall be open for proceedings under this chapter during normal business hours. (b) The probate judge...
- Texas Section 462.003 - Inspection Of Court Records
(a) Each paper in a docket for commitment proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public...
- Texas Section 462.004 - Representation Of State
In a hearing on court-ordered treatment held under this chapter: (1) the county attorney shall represent the state; or (2) if the county has no...
- Texas Section 462.005 - Costs
(a) The laws relating to the payment of the costs of commitment, support, maintenance, and treatment and to the securing of reimbursement for the actual...
- Texas Section 462.006 - Writ Of Habeas Corpus
This chapter does not limit a person's right to obtain a writ of habeas corpus. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175,...
- Texas Section 462.007 - Limitation Of Liability
(a) A person who participates in the examination, certification, apprehension, custody, transportation, detention, commitment, treatment, or discharge of a proposed patient or in the performance...
- Texas Section 462.008 - Criminal Penalty; Enforcement
(a) A person commits an offense if the person intentionally causes, conspires with another person to cause, or assists another to cause the unwarranted commitment...
- Texas Section 462.009 - Consent To Treatment
(a) A patient receiving treatment in a treatment facility is entitled to refuse a medication, therapy, or treatment unless: (1) the patient is younger than...
- Texas Section 462.010 - Consent To Treatment At Certain Facilities
(a) A treatment facility licensed by the department under Chapter 464 may not provide treatment to a patient without the patient's legally adequate consent. (b)...
- Texas Section 462.011 - Consent To Medication
Consent to the administration of prescription medication given by a patient receiving treatment in a treatment facility licensed by the department under Chapter 464 or...
- Texas Section 462.012 - Right To Refuse Medication
(a) Each patient receiving treatment in a treatment facility licensed by the department under Chapter 464 has the right to refuse unnecessary or excessive medication....
- Texas Section 462.013 - Medication Information
(a) The executive commissioner by rule shall require the treating physician of a patient admitted to a treatment facility licensed by the department under Chapter...
SUBCHAPTER B VOLUNTARY TREATMENT OR REHABILITATION
- Texas Section 462.014 - List Of Medications
(a) On the request of a patient, a person designated by the patient, or the patient's legal guardian or managing conservator, if any, the facility...
- Texas Section 462.021 - Voluntary Admission Of Adult
A facility may admit an adult who requests admission for emergency or nonemergency treatment or rehabilitation if: (1) the facility is: (A) a treatment facility...
- Texas Section 462.022 - Voluntary Admission Of Minor
(a) A facility may admit a minor for treatment and rehabilitation if: (1) the facility is: (A) a treatment facility licensed by the department to...
- Texas Section 462.023 - Discharge Or Release
(a) Except as provided by Subsection (b), a facility shall release a voluntary patient within a reasonable time, not to exceed 96 hours, after the...
- Texas Section 462.0235 - Discharge Or Release Of Minor 16 Or 17 Years Of Age
(a) Except as provided by this section, a facility shall release a minor who is 16 or 17 years of age within a reasonable time,...
- Texas Section 462.024 - Application For Court-ordered Treatment During Voluntary Inpatient Care
(a) An application for court-ordered treatment may not be filed against a patient receiving voluntary care under this subchapter unless: (1) a request for release...
SUBCHAPTER C EMERGENCY DETENTION
- Texas Section 462.025 - Intake, Screening, Assessment, And Admission
(a) The executive commissioner shall adopt rules governing the voluntary admission of a patient to a treatment facility, including rules governing the intake, screening, and...
- Texas Section 462.041 - Apprehension By Peace Officer Without Warrant
(a) A peace officer, without a warrant, may take a person into custody if the officer: (1) has reason to believe and does believe that:...
- Texas Section 462.042 - Judge's Or Magistrate's Order For Emergency Detention
(a) An adult may file a written application for emergency detention of a minor or another adult. (b) The application must state: (1) that the...
- Texas Section 462.043 - Issuance Of Warrant
(a) An applicant for emergency detention must present the application personally to a judge or magistrate. The judge or magistrate shall examine the application and...
- Texas Section 462.044 - Preliminary Examination
(a) A physician shall conduct a preliminary examination of the apprehended person as soon as possible within 24 hours after the time the person is...
- Texas Section 462.045 - Detention Period
(a) A person apprehended under this subchapter may be detained for not longer than 24 hours after the time that the person is presented to...
- Texas Section 462.046 - Information To Be Provided On Admission
(a) The personnel of a treatment facility shall immediately advise a person admitted under Section 462.044 that: (1) the person may be detained for treatment...
- Texas Section 462.047 - Release From Emergency Detention
(a) A person detained under this subchapter shall be released if the facility administrator or the administrator's designee determines at any time during the emergency...
SUBCHAPTER D COURT-ORDERED TREATMENT
- Texas Section 462.048 - Rights Of Person Apprehended Or Detained
(a) A person apprehended or detained under this subchapter has the right: (1) to be advised of the location of detention, the reasons for the...
- Texas Section 462.061 - Court-ordered Treatment; Jurisdiction
(a) A proceeding for court-ordered treatment under this chapter shall be held in a constitutional county court, a statutory county court having probate jurisdiction, or...
- Texas Section 462.062 - Application For Court-ordered Treatment
(a) A county or district attorney or other adult may file a sworn written application for court-ordered treatment of another person. Only the district or...
- Texas Section 462.063 - Prehearing Procedure
(a) When the application is filed, the court shall set a date for a hearing on the merits of the application to be held within...
- Texas Section 462.064 - Certificate Of Medical Examination For Chemical Dependency
(a) A hearing on court-ordered treatment may not be held unless there are on file with the court at least two certificates of medical examination...
- Texas Section 462.065 - Order Of Protective Custody
(a) A motion for an order of protective custody may be filed only in the court in which an application for court-ordered treatment is pending....
- Texas Section 462.066 - Probable Cause Hearing And Detention
(a) The court shall set a hearing to determine if there is probable cause to believe that a proposed patient under a protective custody order...
- Texas Section 462.067 - Hearing On Application For Court-ordered Treatment
(a) A hearing on court-ordered treatment must be before a jury unless the proposed patient and the proposed patient's attorney waive the right to a...
- Texas Section 462.068 - Release After Hearing
(a) The court shall enter an order denying an application for court-ordered treatment if after a hearing the court or jury fails to find, from...
- Texas Section 462.069 - Court Order And Place Of Treatment
(a) The court shall commit the proposed patient to a treatment facility approved by the department to accept court commitments for not more than 90...
- Texas Section 462.070 - Motion For Modification Of Order For Outpatient Treatment
(a) The court that entered an order directing a patient to participate in outpatient care or services may set a hearing to determine if the...
- Texas Section 462.071 - Order For Temporary Detention
(a) The person responsible for a patient's court-ordered outpatient care or treatment or the administrator of the outpatient treatment facility in which a patient receives...
- Texas Section 462.072 - Modification Of Order For Outpatient Services
(a) The court may modify an order for outpatient services at the modification hearing if the court determines that the patient continues to meet the...
- Texas Section 462.073 - Modification Of Order For Inpatient Treatment
(a) The administrator of a facility to which a patient is committed for inpatient treatment may request the court that entered the commitment order to...
- Texas Section 462.0731 - Outpatient Care In Certain Counties
(a) This section applies to a chemically dependent patient who is a resident of a county with a population of more than 3.3 million, according...
- Texas Section 462.074 - Hospitalization Outside Treatment Facility
(a) A patient receiving court-ordered treatment in a treatment facility may be transferred to a hospital if, in the opinion of a licensed physician, the...
- Texas Section 462.075 - Renewal Of Order For Court-ordered Treatment
(a) A court may renew an order for court-ordered treatment entered under this subchapter. (b) An applicant who has reasonable cause to believe that a...
- Texas Section 462.076 - Appeal
(a) The appeal of an order requiring court-ordered treatment must be filed in the court of appeals for the county in which the order is...
- Texas Section 462.077 - Pass Or Furlough From Inpatient Care
(a) The facility administrator may permit a patient admitted to the facility under an order for inpatient services to leave the facility under a pass...
- Texas Section 462.078 - Return To Facility Under Facility Administrator's Certificate Or Court Order
(a) The administrator of a facility to which a patient was admitted for court-ordered inpatient services may have an absent patient taken into custody, detained,...
- Texas Section 462.079 - Revocation Of Furlough
(a) A furlough may be revoked only after an administrative hearing held in accordance with department rules. The hearing must be held within 72 hours...
- Texas Section 462.080 - Release From Court-ordered Treatment
(a) The administrator of a facility to which a person has been committed for treatment shall discharge the person when the court order expires. (b)...
- Texas Section 462.081 - Commitment By Courts In Criminal Proceedings; Alternative Sentencing
(a) The judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the department to accept...
Last modified: September 28, 2016