Mental Health Consumer Rights

State of Texas — Your rights as a patient & mental health consumer

Texas Law

In Texas, every mental health consumer has the right to respectful, humane treatment in the least restrictive setting available. You have the right to protection from abuse, neglect, and exploitation, and to full privacy of your personal health information. These rights exist regardless of your diagnosis, payer status, or treatment setting.

Treatment Rights

Appropriate treatment in the least restrictive environment
Right to refuse medication except in a court-ordered or genuine clinical emergency
Participate in your own treatment planning, including setting goals
Be informed of your diagnosis, treatment options, and expected outcomes
Receive services in settings that protect your dignity

Confidentiality & Records

Right to privacy and confidential handling of your mental health information
Right to access and request copies of your own mental health records
Records may be reviewed by a professional before release if disclosure could be harmful
Right to know who has accessed or received your records
Right to request corrections to inaccurate records

Legal Rights

Right to legal representation and counsel at any commitment proceeding
Right to habeas corpus — to challenge the legal basis of any involuntary commitment
Presumed legally competent unless a court specifically rules otherwise
Right to vote in all elections unless adjudicated incompetent by a court
Right to manage personal property and financial affairs absent a court order

Protection Rights

Right to be free from all abuse — physical, verbal, emotional, or sexual
Right to be free from neglect and exploitation by providers or facilities
Right to a safe, humane physical environment in any treatment setting
Right to report violations without fear of retaliation or change in care
Right to advocacy support from Disability Rights Texas

TX Behavioral Health Executive Council

Regulates licensed mental health professionals. File licensing or professional conduct complaints.

bhec.texas.gov

Texas Attorney General — Consumer Protection

File complaints about behavioral health services and consumer protection violations.

texasattorneygeneral.gov

Disability Rights Texas

Free legal advocacy for Texans with disabilities, including mental health rights violations.

disabilityrightstx.org · (800) 252-9108