Mental Health Rules and Statutes

The Texas Department of State Health Services (DSHS) is governed by laws and rules that are designed to improve the quality and efficiency of public and private services and supports for Texans with mental illnesses.

The 18th Edition Texas Laws Relating to Mental Health describes the changes made to laws relating to mental health during the 81^st Texas Legislative Session.

Texas Register

A weekly publication that serves as the notice bulletin of state agency rulemaking. The Texas Register contains emergency, proposed, and adopted rules; notices of withdrawn and repealed rules; notices of rule review and other information submitted by state agencies for publication.  Previous versions of rules are also available here.

Obtaining Exhibits

Some exhibits are available electronically from the Office of Consumer Services and Rights Protection ("Rights Office") such as those related to rights and charges for services. To obtain copies of other exhibits that are not included with the text of the rule or from the Rights Office, email the mental health policy specialist.

Texas Administrative Code (TAC)

To learn about the mental health rules promulgated by the Texas Department of State Health Services you can review 25 TAC Part 1, Chapters 401 through 420 via the Texas Secretary of State's website.

Printing Subchapters

An entire subchapter can be printed if Microsoft Internet Explorer (MSIE), version 4.0 or higher, is the user's browser. For example, to print a subchapter using this version of MSIE, select the print option from the pull down menu while viewing the page that lists the sections in the subchapter. Select the “Option” tab. Check the box "PRINT ALL LINKED FILES." Click “Apply” and “Print.” The sections many not print in order.

Rules

Mental health rules promulgated by DSHS include the following:

• Section 401.464 (Chapter 401, Subchapter G) - Notification and Appeals Process
• Chapter 404, Subchapter E - Rights of Persons Receiving Mental Health Services
• Chapter 405, Subchapter C - Life Sustaining Treatment
• Chapter 405, Subchapter E - Electroconvulsive Therapy (ECT)
• Chapter 405, Subchapter K - Deaths of Persons Served by TXMHMR Facilities or Community Mental Health and Mental Retardation Centers
• Chapter 411, Subchapter A - Advisory Committees
• Chapter 411, Subchapter B - Interagency Agreements
• Chapter 411, Subchapter G - Community MHMR Centers
• Chapter 411, Subchapter J - Standards of Care and Treatment in Psychiatric Hospitals
• Chapter 411, Subchapter M - Standards of Care and Treatment in Crisis Stabilization Units
• Chapter 411, Subchapter N - Standards for Services to Individuals with Co-Occurring Psychiatric and Substance use Disorders (COPSD)
• Chapter 412, Subchapter B - Contracts Management for Local Authorities
• Chapter 412, Subchapter C - Charges for Community Services
• Chapter 412, Subchapter D - Mental Health Services – Admission, Continuity, and Discharge
• Chapter 412, Subchapter G - Mental Health Community Services Standards
• Chapter 412, Subchapter I - Mental Health Case Management Services
• Chapter 412, Subchapter P – Provider Network Development
• Chapter 414, Subchapter A - Protected Health Information - Repealed Effective March 4, 2012
• Chapter 414, Subchapter I - Consent to Treatment with Psychoactive Medication – Mental Health Services
• Chapter 414, Subchapter K - Criminal History and Registry Clearances
• Chapter 414, Subchapter L - Abuse, Neglect, and Exploitation in Local Authorities and Community Centers
• Chapter 414, Subchapter P - Research in TDMHMR Facilities
• Chapter 415, Subchapter A - Prescribing of Psychoactive Medication
• Chapter 415, Subchapter C - Use and Maintenance of TDMHMR Drug Formulary
• Chapter 415, Subchapter F - Interventions in Mental Health Programs
• Chapter 415, Subchapter J - Pre-admission Screening and Resident Review (PASARR) – Mental Health Services
• Chapter 417, Subchapter A – Standard Operating Procedures
• Chapter 417, Subchapter B – Contracts Management for TDMHMR Facilities and Central Office
• Chapter 417, Subchapter C – Charges for Services in TDMHMR Facilities
• Chapter 417, Subchapter G – Volunteer and Community Engagement
• Chapter 417, Subchapter L – Abuse, Neglect, and Exploitation in TDMHMR Facilities
• Chapter 419, Subchapter A – Youth Empowerment Services (YES)
• Chapter 419, Subchapter J – Institutions for Mental Diseases
• Chapter 419, Subchapter L - Medicaid Mental Health Rehabilitative Services