Texas Health And Safety Code Title 7, Chapter 592 - Rights Of Persons With An Intellectual Disability
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 592.001 - Purpose
The purpose of this chapter is to recognize and protect the individual dignity and worth of each person with an intellectual disability. Added by Acts...
SUBCHAPTER B BASIC BILL OF RIGHTS
- Texas Section 592.002 - Rules
The executive commissioner by rule shall ensure the implementation of the rights guaranteed in this chapter. Added by Acts 1991, 72nd Leg., ch. 76, Sec....
- Texas Section 592.011 - Rights Guaranteed
(a) Each person with an intellectual disability in this state has the rights, benefits, and privileges guaranteed by the constitution and laws of the United...
- Texas Section 592.012 - Protection From Exploitation And Abuse
Each person with an intellectual disability has the right to protection from exploitation and abuse because of the person's intellectual disability. Added by Acts 1991,...
- Texas Section 592.013 - Least Restrictive Living Environment
Each person with an intellectual disability has the right to live in the least restrictive setting appropriate to the person's individual needs and abilities and...
- Texas Section 592.014 - Education
Each person with an intellectual disability has the right to receive publicly supported educational services, including those services provided under the Education Code, that are...
- Texas Section 592.015 - Employment
An employer, employment agency, or labor organization may not deny a person equal opportunities in employment because of the person's intellectual disability, unless: (1) the...
- Texas Section 592.016 - Housing
An owner, lessee, sublessee, assignee, or managing agent or other person having the right to sell, rent, or lease real property, or an agent or...
- Texas Section 592.017 - Treatment And Services
Each person with an intellectual disability has the right to receive for the person's intellectual disability adequate treatment and habilitative services that: (1) are suited...
- Texas Section 592.018 - Determination Of An Intellectual Disability
A person thought to be a person with an intellectual disability has the right promptly to receive a determination of an intellectual disability using diagnostic...
- Texas Section 592.019 - Administrative Hearing
A person who files an application for a determination of an intellectual disability has the right to request and promptly receive an administrative hearing under...
- Texas Section 592.020 - Independent Determination Of An Intellectual Disability
A person for whom a determination of an intellectual disability is performed or a person who files an application for a determination of an intellectual...
SUBCHAPTER C RIGHTS OF CLIENTS
- Texas Section 592.021 - Additional Rights
Each person with an intellectual disability has the right to: (1) presumption of competency; (2) due process in guardianship proceedings; and (3) fair compensation for...
- Texas Section 592.031 - Rights In General
(a) Each client has the same rights as other citizens of the United States and this state unless the client's rights have been lawfully restricted....
- Texas Section 592.032 - Least Restrictive Alternative
Each client has the right to live in the least restrictive habilitation setting and to be treated and served in the least intrusive manner appropriate...
- Texas Section 592.033 - Individualized Plan
(a) Each client has the right to a written, individualized habilitation plan developed by appropriate specialists. (b) The client, and the parent of a client...
- Texas Section 592.034 - Review And Reevaluation
(a) Each client has the right to have the individualized habilitation plan reviewed at least: (1) once a year if the client is in a...
- Texas Section 592.035 - Participation In Planning
(a) Each client, and parent of a client who is a minor or the guardian of the person, have the right to: (1) participate in...
- Texas Section 592.036 - Withdrawal From Voluntary Services
(a) Except as provided by Section 593.030, a client, the parent if the client is a minor, or a guardian of the person may withdraw...
- Texas Section 592.037 - Freedom From Mistreatment
Each client has the right not to be mistreated, neglected, or abused by a service provider. Added by Acts 1991, 72nd Leg., ch. 76, Sec....
- Texas Section 592.038 - Freedom From Unnecessary Medication
(a) Each client has the right to not receive unnecessary or excessive medication. (b) Medication may not be used: (1) as punishment; (2) for the...
- Texas Section 592.039 - Grievances
A client, or a person acting on behalf of a person with an intellectual disability or a group of persons with an intellectual disability, has...
SUBCHAPTER D RIGHTS OF RESIDENTS
- Texas Section 592.040 - Information About Rights
(a) On admission for intellectual disability services, each client, and the parent if the client is a minor or the guardian of the person of...
- Texas Section 592.051 - General Rights Of Residents
Each resident has the right to: (1) a normal residential environment; (2) a humane physical environment; (3) communication and visits; and (4) possess personal property....
- Texas Section 592.052 - Medical And Dental Care And Treatment
Each resident has the right to prompt, adequate, and necessary medical and dental care and treatment for physical and mental ailments and to prevent an...
- Texas Section 592.053 - Standards Of Care
Medical and dental care and treatment shall be performed under the appropriate supervision of a licensed physician or dentist and shall be consistent with accepted...
- Texas Section 592.054 - Duties Of Director
(a) Except as limited by this subtitle, the director shall provide without further consent necessary care and treatment to each court-committed resident and make available...
- Texas Section 592.055 - Unusual Or Hazardous Treatment
This subtitle does not permit the department to perform unusual or hazardous treatment procedures, experimental research, organ transplantation, or nontherapeutic surgery for experimental research. Added...
SUBCHAPTER E USE OF RESTRAINTS IN STATE SUPPORTED LIVING CENTERS
- Texas Section 592.056 - Notification Of Trust Exemption
(a) At the time a resident is admitted to a residential care facility, the facility shall provide to the resident, and the parent if the...
- Texas Section 592.102 - Use Of Restraints
(a) The executive commissioner shall adopt rules to ensure that: (1) a mechanical or physical restraint is not administered to a resident of a state...
- Texas Section 592.103 - Standing Orders For Restraints Prohibited
(a) A person may not issue a standing order to administer on an as-needed basis mechanical or physical restraints to a resident of a state...
- Texas Section 592.104 - Straitjackets Prohibited
A person may not use a straitjacket to restrain a resident of a state supported living center. Added by Acts 2011, 82nd Leg., R.S., Ch....
- Texas Section 592.105 - Duty To Report
A state supported living center shall report to the executive commissioner each incident in which a physical or mechanical restraint is administered to a resident...
SUBCHAPTER F ADMINISTRATION OF PSYCHOACTIVE MEDICATIONS
- Texas Section 592.106 - Conflict With Other Law
To the extent of a conflict between this subchapter and Chapter 322, this subchapter controls. Added by Acts 2011, 82nd Leg., R.S., Ch. 361 (S.B....
- Texas Section 592.151 - Definitions
In this subchapter: (1) "Capacity" means a client's ability to: (A) understand the nature and consequences of a proposed treatment, including the benefits, risks, and...
- Texas Section 592.152 - Administration Of Psychoactive Medication
(a) A person may not administer a psychoactive medication to a client receiving voluntary or involuntary residential care services who refuses the administration unless: (1)...
- Texas Section 592.153 - Administration Of Medication To Client Committed To Residential Care Facility
(a) In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code. (b) A person may not administer a psychoactive medication to a...
- Texas Section 592.154 - Physician's Application For Order To Authorize Psychoactive Medication; Date Of Hearing
(a) A physician who is treating a client may file an application in a probate court or a court with probate jurisdiction on behalf of...
- Texas Section 592.155 - Rights Of Client
A client for whom an application for an order to authorize the administration of a psychoactive medication is filed is entitled: (1) to be represented...
- Texas Section 592.156 - Hearing And Order Authorizing Psychoactive Medication
(a) The court may issue an order authorizing the administration of one or more classes of psychoactive medication to a client who: (1) has been...
- Texas Section 592.157 - Finding That Client Presents A Danger
In making a finding under Section 592.156(b)(2) that, as a result of a mental disorder or mental defect, the client presents a danger to the...
- Texas Section 592.158 - Appeal
(a) A client may appeal an order under this subchapter in the manner provided by Section 593.056 for an appeal of an order committing the...
- Texas Section 592.159 - Effect Of Order
(a) A person's consent to take a psychoactive medication is not valid and may not be relied on if the person is subject to an...
- Texas Section 592.160 - Expiration Of Order
(a) Except as provided by Subsection (b), an order issued under Section 592.156 expires on the anniversary of the date the order was issued. (b)...
Last modified: September 28, 2016