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This entry was published on 2014-09-22
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Confinement, care, and treatment of the mentally disabled
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 31
§ 31.19 Confinement, care, and treatment of the mentally disabled.

(a) No individual who is or appears to be mentally disabled shall be
detained, deprived of his liberty, or otherwise confined without lawful
authority, or inadequately, unskillfully, cruelly, or unsafely cared for
or supervised by any person.

(b) If the commissioner has reason to believe that this section is
being violated or that services for the mentally disabled are being
provided in violation of this article, he shall promptly investigate the
matter. If he finds, after notice to the person accused of the
violation and opportunity for such person to be heard, that there has
been a violation, the commissioner shall issue an order directed to the
person who has committed the violation directing him to cease and desist
from the violation.

(c) The commissioner may bring the following proceedings in the
supreme court, in accordance with the provisions of section 31.21:

1. for an injunction where the person to whom a cease and desist order
is directed has failed to comply therewith.

2. for a temporary restraining order where the commissioner has reason
to believe that a violation of this section may result in injury to any

(d) Nothing in this section shall prevent the commissioner from taking
whatever action he deems necessary for the suspension, revocation, or
limitation of the operating certificate of a provider of services which
has been charged with a violation of this section.