Terms Used In Texas Health and Safety Code 571.003

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

In this subtitle:
(1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(108), eff. April 2, 2015.
(2) “Commissioner” means the commissioner of state health services.
(3) “Commitment order” means a court order for involuntary inpatient mental health services under this subtitle.
(4) “Community center” means a center established under Subchapter A, Chapter 534 that provides mental health services.
(5) “Department” means the Department of State Health Services.
(5-a) “Executive commissioner” means the executive commissioner of the Health and Human Services Commission.
(6) “Facility administrator” means the individual in charge of a mental health facility.
(7) “General hospital” means a hospital operated primarily to diagnose, care for, and treat persons who are physically ill.
(8) “Hospital administrator” means the individual in charge of a hospital.
(9) “Inpatient mental health facility” means a mental health facility that can provide 24-hour residential and psychiatric services and that is:
(A) a facility operated by the department;
(B) a private mental hospital licensed by the department;
(C) a community center, facility operated by or under contract with a community center or other entity the department designates to provide mental health services;
(D) a local mental health authority or a facility operated by or under contract with a local mental health authority;
(E) an identifiable part of a general hospital in which diagnosis, treatment, and care for persons with mental illness is provided and that is licensed by the department; or
(F) a hospital operated by a federal agency.
(10) “Legal holiday” includes a holiday listed in § 662.021, Government Code, and an officially designated county holiday applicable to a court in which proceedings under this subtitle are held.
(11) “Local mental health authority” means an entity to which the executive commissioner delegates the executive commissioner’s authority and responsibility within a specified region for planning, policy development, coordination, including coordination with criminal justice entities, and resource development and allocation and for supervising and ensuring the provision of mental health services to persons with mental illness in the most appropriate and available setting to meet individual needs in one or more local service areas.
(12) “Mental health facility” means:
(A) an inpatient or outpatient mental health facility operated by the department, a federal agency, a political subdivision, or any person;
(B) a community center or a facility operated by a community center;
(C) that identifiable part of a general hospital in which diagnosis, treatment, and care for persons with mental illness is provided; or
(D) with respect to a reciprocal agreement entered into under § 571.0081, any hospital or facility designated as a place of commitment by the department, a local mental health authority, and the contracting state or local authority.
(13) “Mental hospital” means a hospital:
(A) operated primarily to provide inpatient care and treatment for persons with mental illness; or
(B) operated by a federal agency that is equipped to provide inpatient care and treatment for persons with mental illness.
(14) “Mental illness” means an illness, disease, or condition, other than epilepsy, dementia, substance abuse, or intellectual disability, that:
(A) substantially impairs a person’s thought, perception of reality, emotional process, or judgment; or
(B) grossly impairs behavior as demonstrated by recent disturbed behavior.
(15) “Non-physician mental health professional” means:
(A) a psychologist licensed to practice in this state and designated as a health-service provider;
(B) a registered nurse with a master’s or doctoral degree in psychiatric nursing;
(C) a licensed clinical social worker;
(D) a licensed professional counselor licensed to practice in this state;
(E) a licensed marriage and family therapist licensed to practice in this state; or
(F) a physician assistant licensed to practice in this state who has expertise in psychiatry or is currently working in a mental health facility.
(16) “Patient” means an individual who is receiving voluntary or involuntary mental health services under this subtitle.
(17) “Person” includes an individual, firm, partnership, joint-stock company, joint venture, association, and corporation.
(18) “Physician” means:
(A) a person licensed to practice medicine in this state;
(B) a person employed by a federal agency who has a license to practice medicine in any state; or
(C) a person authorized to perform medical acts under a physician-in-training permit at a Texas postgraduate training program approved by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the Texas Medical Board.
(19) “Political subdivision” includes a county, municipality, or hospital district in this state but does not include a department, board, or agency of the state that has statewide authority and responsibility.
(20) “Private mental hospital” means a mental hospital operated by a person or political subdivision.
(21) “State mental hospital” means a mental hospital operated by the department.
(22) Repealed by Acts 2001, 77th Leg., ch. 367, Sec. 19, eff. Sept. 1, 2001.