(a) For private psychiatric hospitals and psychiatric units of general hospitals, the Texas Department of Health shall enforce the applicable rules and standards adopted by the department to the same extent as it enforces rules adopted by the Texas Board of Health. A violation of this subchapter is subject to the same consequences as a violation of a rule adopted by the Texas Board of Health.
(b) A person who violates a provision of this subchapter may be subject to injunction, civil penalties, and related costs pursuant to the provisions of the Health and Safety Code, Chapter 571, §§571.022-.024, and Chapter 241, §241.055.
(c) A person licensed by the Texas Department of Health or regulated by the department who violates a provision of this subchapter may be subject to administrative penalties and related costs pursuant to the Health and Safety Code, Chapter 571, §§571.025-.026, and Chapter 241, §241.058 and §241.0585.
(d) A treatment facility or mental health facility that violates a provision of this subchapter is liable to a person receiving care or treatment from the facility who is harmed as a result of the violation, consistent with the provisions of the Health and Safety Code, Chapter 321, Subsections 321.003-.004.

Source Note: The provisions of this §405.115 adopted to be effective December 10, 1993, 18 TexReg 8790