Texas Civil Practice and Remedies Code
Sec. § 137.001

In this chapter:


“Adult” means a person 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.


“Attending physician” means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.


“Declaration for mental health treatment” means a document making a declaration of preferences or instructions regarding mental health treatment.


“Emergency” means a situation in which it is immediately necessary to treat a patient to prevent:


probable imminent death or serious bodily injury to the patient because the patient:


overtly or continually is threatening or attempting to commit suicide or serious bodily injury to the patient; or


is behaving in a manner that indicates that the patient is unable to satisfy the patient’s need for nourishment, essential medical care, or self-protection; or


imminent physical or emotional harm to another because of threats, attempts, or other acts of the patient.


“Health care provider” means an individual or facility licensed, certified, or otherwise authorized to administer health care or treatment, for profit or otherwise, in the ordinary course of business or professional practice and includes a physician or other health care provider, a residential care provider, or an inpatient mental health facility as defined by Section 571.003 (Definitions), Health and Safety Code.


“Incapacitated” means that, in the opinion of the court in a guardianship proceeding under Title 3, Estates Code, or in a medication hearing under Section 574.106 (Hearing and Order Authorizing Psychoactive Medication), Health and Safety Code, a person lacks the ability to understand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives to the proposed treatment, and lacks the ability to make mental health treatment decisions because of impairment.


“Mental health treatment” means electroconvulsive or other convulsive treatment, treatment of mental illness with psychoactive medication as defined by Section 574.101 (Definitions), Health and Safety Code, or emergency mental health treatment.


“Principal” means a person who has executed a declaration for mental health treatment.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 464, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.009, eff. September 1, 2017.
Last accessed
Apr. 12, 2021