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Mental Health/Cognitive Disability

Summaries

KP-0124
Ken Paxton

An individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy, may issue a certificate of medical examination for mental illness under Health and Safety Code section 574.009|Certificate of medical examination for mental illness under Health and Safety Code section 574.009 may be issued by an individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy

KP-0206
Ken Paxton

Contempt action in connection with Health and Safety Code section 573.012 could likely be brought by court with jurisdiction over mental health proceedings|Designation of peace officer or law enforcement agency to execute emergency detention warrant pursuant to Health and Safety Code section 573.012|Peace officer executing emergency detention warrant pursuant to Health and Safety Code section 573.012 has duty to transport person to appropriate facility|Peace officer refusing to transport person to appropriate facility pursuant to Health and Safety Code section 573.012 is liable for contempt|Magistrate may direct detention warrant issued pursuant to Health and Safety code section 573.012 to any on-duty peace officer listed in Code of Criminal Procedure article 2.12 regardless of location of subject within county|The term "peace officer" does not distinguish between county and municipal peace officers for purposes of executing emergency detention warrants pursuant to Health and Safety Code section 573.012

GA-0244
Greg Abbott

Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be ded|Court-ordered mental health services, because Texas Mental Health Code provides that an application for court-ordered mental health services may be filed with the county clerk in the county in which the proposed patient resides, is found, or is already re|Court-ordered mental health services, Texas Mental Health Code does not generally require a court in a county where a state hospital is located to hear matters involving patients who are receiving services at a hospital pursuant to the order of a court in|Court-ordered mental health services, Texas Mental Health Code permits but does not require a court to hold a proceeding for court-ordered mental health services at the state hospital in the county or other location outside the county courthouse

GA-0416
Greg Abbott

Privatization of mental health services, section 533.035(e) of the Health and Safety Code, which provides that "[i]n assembling a network of service providers, a local mental health and mental retardation authority may serve as a provider of services only as a provider of last resort," applies to mental health services as well as mental retardation services

GA-0507
Greg Abbott

Authority to file Application for Placement under Health and Safety Code section 593.041\r\n|Interested person

GA-0753
Greg Abbott

Mental health facility, a peace officer who has taken a person into custody under chapter 573, Texas Health and Safety Code is not required to transport that individual to a medical facility for evaluation prior to taking that person to a|Person taken into custody under chapter 573, Texas Health and Safety Code, peace officer is not required to transport individual to a medical facility for evaluation prior to taking that person to a mental health facility

GA-0757
Greg Abbott

Services of county clerk in mental health matters, Titus Regional Medical Center which is operated by the hospital district is exempt from paying application fee under section 118.055 of Local Government Code for|Application fee under section 118.055 of Local Government Code, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying fee in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters

GA-0779
Greg Abbott

Use the resulting proceeds to provide community-based health, mental health, or mental retardation services, Spindletop Mental Health and Mental Retardation Services does not, under House Bill 1759 or House Bill 1023, have authority to sell or lease certain real property and to|Authority to sell or lease certain real property and to use the resulting proceeds to provide community-based health, mental health, or mental retardation services, Spindletop Mental Health and Mental Retardation Services does not, under House Bill 1759 or House Bill 1023, have

GA-0909
Greg Abbott

A person may not, under section 573.021 of the Health and Safety Code, be taken to the Austin State Hospital, or similar treatment facility, by private conveyance arranged for by the mental health facility that conducted the preliminary examination of the person

GA-1081
Greg Abbott

Procurement of service providers for mental health and substance abuse programs administered by the Department of State Health Services|Procurement of service providers for mental health and substance abuse programs administered by a designated local behavioral health authority|Mental health and substance abuse programs, administration of|Procurement of service providers|Department of State Health Services, delegation of authority over mental health and chemical dependency services to a local behavioral health authority

GA-1089
Greg Abbott

Funding and provision of health care services covered by Medicaid; 2 models, the traditional model and the managed care model|The Health and Human Services Commission is responsible for administering the state\\'s Medicaid Program, which is a federal-state program providing health-care services for low-income individuals|Reimbursement for behavioral health services under Texas Medicaid Reimbursement Methodology|The Texas Health and Human Services Commission does not operate under the Insurance Code. It is the state agency that administers the state\\'s Medicaid program for individuals who cannot afford insurance.

DM-0085
Dan Morales

Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of Texas Department of Mental Health and Mental Retardation and Texas Department of Health over|Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of

DM-0475
Dan Morales

Article III, section 36 of the Texas Constitution, whether bill complies with requirements of is determined as of date of passage and not as of effective date|Surrogate decision makers, chapter 597 of the Health and Safety Code providing for continues to exist after August 31, 1997 as amended by 75th Legislature

JC-0088
John Cornyn

Medication petition hearing, action is distinct from commitment action and may be assigned separate cause number and filing fee

JC-0222
John Cornyn

Proceedings for court-ordered mental health services conducted in Travis County, collection of costs where another county is responsible for them (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999))|Mental health services proceeding in Travis County probate court, county clerk has duty to collect the costs listed in section 571.018 of the Health and Safety Code from the responsible county (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999))

JC-0287
John Cornyn

County responsible for paying mental health services proceeding costs under section 571.018 of the Health and Safety Code|Mental health services proceeding costs, county responsible for paying those costs under section 571.018 of the Health and Safety Code

JC-0358
John Cornyn

Probable cause hearing related to application for court-ordered mental health services, "presiding judge" who may appoint master for is judge of court in which application is pending|Presiding judge

JC-0364
John Cornyn

Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction|Prosecutor's fee for which county may charge responsible county in mental-health proceeding under section 571.018(c) of Health and Safety Code encompasses costs of preparing documents; county may not bill separate, additional "document preparation" fee|Prosecutor's fee charged to county responsible for costs of mental-health proceeding, county in which mental-health hospital is located may not charge "document preparation fee" in addition to|Jurisdiction of mental-health proceeding involving patient receiving treatment in one county when detention or application proceedings originated in another county|Mental-health proceeding concerning patient in mental-health hospital in one county when another county is responsible for proceeding costs, responsible county may not be billed for document preparation fee in addition to prosecutor's fee|Attorney's fee|Prosecutor's fee

JC-0387
John Cornyn

Emergency-detention warrant for apprehension of mentally ill person, municipal or county peace officer may execute|Person admitted to mental health facility for emergency detention must be transported to facility in accordance with section 574.045 of Health and Safety Code, i.e., by family member or friend, various civil officials, or by sheriff or constable

JC-0461
John Cornyn

Access to records, federally-funded state protection and advocacy systems for persons with mental illness or developmental disabilities may, in accordance with federal law, have access to records even if person's legal guardian objects to such access|Inconsistent state laws, although Texas law grants legal guardians the right of care, control, and protection of their wards, the Supremacy Clause requires inconsistent state laws to yield to valid federal laws and regulations|Access to records of persons with mental illness or developmental disabilities who reside in facilities operated by the Department, a federally-funded state protection and advocacy system for such persons, Advocacy, Inc., may have access to records even i

JM-1214
Jim Mattox

Boarding homes registered by local mental health and mental retardation authorities, authority of Department of Health to regulate|Boarding homes registered by local mental health and mental retardation authorities, authority of Department to regulate

KP-0312
Ken Paxton

Hearings for court-ordered mental health services held in Kerr County pursuant to Health and Safety Code subsection 574.031(g) are likely required to be recorded by an official court reporter.

KP-0460
Ken Paxton

Concluding that refunds of court costs under Health and Safety Code subsection 571.018(j) are not limited by subsection 571.018(h) to costs associated with hearings and proceedings involving commitment.