Texas Mental Patients' Rights

Mental health patients in Texas have the same rights as other citizens of Texas and the United States of America. These rights are detailed in the "Handbook of Consumer Rights: Mental Health Services" published by the Texas Department of State Health Services. Many of these rights apply to patients in all types of care facilities. Others are written specifically for individuals suffering from a mental health condition in an inpatient or outpatient treatment facility.

General Patient Rights

• All patients in Texas mental health facilities have the right to be treated in a clean and safe facility where their privacy is respected. They have the right to treatment with dignity and respect and to be treated without regard to their sex, race, ethnicity, age, sexual orientation or religious beliefs. Moreover, patients have the right to appear before a judge to request a decision on an involuntary commitment. They can request an estimate of all charges and to see a detailed bill. They have the right to be told of alternatives in the event their personal monies or insurance coverage becomes exhausted during the course of treatment.

  Employees of the facility must utilize polices and procedures that shield patients from abuse, neglect and exploitation. They must provide protection against theft of personal property and inform patients about the facility's rules and regulations.

Right to Be Informed

• Individuals suffering from a mental health condition must be informed of their rights before agreeing to voluntary treatment and services. The same holds true if the patient is being admitted to a facility on an involuntary basis. If the patient is a minor, the parents or guardian must be informed of the rights and given a copy of patient rights. Patients 16 years old and older may choose voluntary admittance or services without parental consent. The patient can request the rights be read aloud in his first language within 24 hours of admittance. The parents or guardians of a minor can make the same request. The person informing the patient of his rights must provide information on where to file a complaint if a violation occurs.

Confidentiality

• Patients have the right to keep their medical records private and to review their medical records upon request. They have the right to be told under what conditions their records might be shared with other entities. Parents or guardians of minors have the same rights unless the minor is 16 or older and is self-admitted. Patients have the right to be told if they will be observed through one-way mirrors or recorded by way of tape recordings, in photographs or other means. They have the right to deny participation in research studies and to withdraw their consent if previously given.

Treatment Plans

• Mental health patients in Texas have the right to participate in the development of their treatment plans, as do parents and guardians of eligible minors. They have the right to request that a third party of their choice have access and input into the plan. Patients have the right to request a second opinion and to be told of any possible negative effects of the proposed treatment plan.

Teens Rights

• The Texas Department of State Health Services provides the Teen's Bill of Rights to explain rights to minors in a straightforward manner. The short publication addresses many of the same issues as the general handbook as well as issues most important to teenage patients. These issues include the right to keep personal property; the right to communicate with friends and family outside of the facility; the right to daily exercise and play; and the right to a teacher so that they do not fall behind with their schoolwork.