EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES PART I. Texas Department of Health CHAPTER 133. Hospital Licensing SUBCHAPTER D. Special Service Requirements 25 TAC sec.133.52 The Texas Department of Health (TDH) adopts on an emergency basis an amendment to sec.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, sec.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, sec.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 TXMHMR contemporaneously repealed and adopted new rules as follows: Chapter 401, Subchapter J (relating to Standards of Care and Treatment in Psychiatric Hospitals), as referenced in sec.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 sec.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 sec.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 sec.133.52(b)(2), effective October 1, 1996. TXMHMR made no changes to Chapter 405, Subchapter E (relating to Electroconvulsive Therapy) as referenced in sec.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; sec.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, sec.2001.034, which provides the Board with the authority to adopt rules on an emergency basis. sec.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 CHAPTER 134. Private Psychiatric Hospitals and Crisis Stabilization Units SUBCHAPTER C. Operational Requirements 25 TAC sec.134.22 The Texas Department of Health (TDH) adopts on an emergency basis an amendment to sec.134.22 concerning standards for the provision of mental health services in hospitals and crisis stabilization units. The amendment requires private psychiatric hospitals and crisis stabilization units to comply with specific rules adopted by the Texas Mental Health and Mental Retardation Board (TXMHMR) which are set out in subsection (b)(1)(A)-(E). The Texas Hospital Licensing Law, Health and Safety Code, sec.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, sec.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 sec.134.22(b)(1)(A), was adopted effective September 13, 1996; Chapter 405, Subchapter FF (relating to Consent to Treatment with Psychoactive Medication), as referenced in sec.134.22(b)(1)(D), 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 sec.134.22(b)(1)(E), was amended effective October 1, 1996. TXMHMR amended Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services), as referenced in sec.134.22(b)(1)(B), effective October 1, 1996. TXMHMR made no change to Chapter 405, Subchapter E (relating to Electroconvulsive Therapy) as referenced in sec.134.22(b)(1)(C), or to Chapter 401, Subchapter K (relating to Rules Governing Licensure of Crisis Stabilization Units) as referenced in sec.134.22(b)(2). The amendments to subsection (b)(1)(A)-(E) 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)(1)(D) 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)(1)(E). 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 among private psychiatric 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 577, which provides the Texas Board of Health (board) with authority to adopt rules to establish and enforce minimum standards for the licensing of private mental hospitals and mental health facilities; Health and Safety Code, sec.241.0265 which provides the board with authority to enforce TXMHMR standards; and sec.12.001 which provides the board with 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, sec.2001.034, which provides the Board with the authority to adopt rules on an emergency basis. sec.134.22. Standards for the Provision of Mental Health Services In Hospitals and Crisis Stabilization Units. (a) (No change.) (b) Compliance. (1) A hospital shall comply with the following rules adopted by the Texas Board of
          Mental Health and Mental Retardation [Board] (TXMHMR): (A) Chapter 401, Subchapter J of this title (relating to Standards of Care and Treatment in Psychiatric Hospitals) [effective February 10, 1994]; (B) 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; (C) Chapter 405, Subchapter E of this title (relating to Electroconvulsive Therapy) [effective December 10, 1993]; (D) 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 (E) 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]. (2) (No change.) Issued in Austin, Texas, on January 21, 1997. TRD-9700872 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