Part I.
Texas Department of Health
Chapter 133.
Hospital Licensing
Subchapter D. Special Service Requirements
25 TAC §133.52
The Texas Department of Health (TDH) adopts on an emergency
basis an amendment to §133.52 concerning standards for the provision
of mental health services in an identifiable part of a hospital. The amendment
requires hospitals providing mental health services to comply with specific
rules adopted by the Texas Board of Mental Health and Mental Retardation
(TXMHMR) which are set out in subsection (b)(1)-(5).
The Texas Hospital Licensing Law, Health and Safety Code, §241.0265
states that the care and treatment of a patient receiving mental health services
in a hospital is governed by the standards adopted by TXMHMR to the same
extent as if the TXMHMR standards were rules adopted by the Board of Health.
TDH is required to enforce the TXMHMR standards. In order to meet the requirements
of state law in the Texas Hospital Licensing Law, it is necessary for TDH
to adopt this amendment on an emergency basis under the Administrative Procedure
Act, Government Code, §2001.034.
TXMHMR contemporaneously repealed and adopted new rules as follows: Chapter
401, Subchapter J (relating to Standards of Care and Treatment in Psychiatric
Hospitals), as referenced in §133.52(b)(1), was adopted effective September
13, 1996; Chapter 405, Subchapter FF (relating to Consent to Treatment with
Psychoactive Medication), as referenced in §133.52(b)(4), was adopted
effective October 1, 1996; and Chapter 405, Subchapter F (relating to Voluntary
and Involuntary Behavioral Interventions in Mental Health Programs (formerly
titled Restraint and Seclusion in Mental Health Facilities)), as referenced
in §133.52(b)(5), was amended effective October 1, 1996. TXMHMR amended
Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental
Health Services), as referenced in §133.52(b)(2), effective October
1, 1996. TXMHMR made no changes to Chapter 405, Subchapter E (relating to
Electroconvulsive Therapy) as referenced in §133.52(b)(3).
The amendments to subsection (b)(1)-(5) delete the effective dates of the
TXMHMR rules so that the TXMHMR rules are accurately described and so that
TDH will not have to amend its rules next time TXMHMR revises its rules;
correct an incomplete sentence; delete a provision in subsection (b)(4) which
no longer applies due to TXMHMR's deletion of the funding provision from
the TXMHMR rule; and reflect the new title of the TXMHMR rule referenced
in subsection (b)(5). The amendments are adopted on an emergency basis in
order to meet the requirements of the Texas Hospital Licensing Law to enforce
the revisions made by TXMHMR effective September 13, 1996, and October 1,
1996, and to prevent confusion by hospitals as to which rules are in effect.
Contemporaneous with this emergency adoption, TDH is proposing this amendment
for public comment.
The amendment is adopted on an emergency basis under the Health
and Safety Code, Chapter 241, which provides the Texas Board of Health (board)
with authority to adopt rules to establish and enforce minimum standards
for the licensing of hospitals; Chapter 321 which provides the board with
the authority to adopt a patient bill of rights; §12.001 which provides
the board with the authority to adopt rules for the performance of every
duty imposed by law upon the board, TDH and the commissioner of health; and
Government Code, §2001.034, which provides the Board with the authority
to adopt rules on an emergency basis.
§133.52. Standards for the Provision of Mental Health Services In an Identifiable Part of a Hospital.
(a)
(No change.)
(b)
Compliance. A hospital providing mental health services
shall comply with the following rules adopted by the Texas
Board of
Mental Health and Mental Retardation [board] (TXMHMR):
(1)
Chapter 401, Subchapter J of this title (relating to Standards
of Care and Treatment in Psychiatric Hospitals) [effective February 10, 1994];
(2)
Chapter 404, Subchapter E of this title (relating
to Rights of Persons Receiving Mental Health Services) [effective December
10, 1993,]
. A hospital
shall prominently and
conspicuously post a copy of the patient's bill of rights for display in
a public area of the hospital that is readily available to patients, residents,
employees, and visitors, in English and in a second language appropriate
to the demographic makeup of the community served;
(3)
Chapter 405, Subchapter E of this title (relating
to Electroconvulsive Therapy) [effective December 10, 1993];
(4)
Chapter 405, Subchapter FF of this title (relating
to Consent to Treatment with Psychoactive Medication) [effective October
1, 1993. This subchapter applies in cases in which a patient is committed
to care that is funded by the state]; and
(5)
Chapter 405, Subchapter F of this title (relating
to
Voluntary and Involuntary Behavioral Interventions
in Mental Health Programs),
[Restraint and Seclusion in Mental Health
Facilities) effective August 20, 1984].
Issued in Austin, Texas, on January 21, 1997.
TRD-9700874
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: January 21, 1997
Expiration date: May 22, 1997
For further information, please call: (512) 458-7236
Subchapter C. Operational Requirements
Chapter 134.
Private Psychiatric Hospitals and Crisis Stabilization Units