Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 414 - RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
Subchapter I - CONSENT TO TREATMENT WITH PSYCHOACTIVE MEDICATION - MENTAL HEALTH SERVICES
Section 414.411 - Order Authorizing Administration of Psychoactive Medication
Universal Citation: 25 TX Admin Code ยง 414.411
Current through Reg. 49, No. 38; September 20, 2024
(a) Filing of Petition. A physician who is treating a patient may petition a probate court or a court with probate jurisdiction for an order to authorize the administration of a class or classes of psychoactive medication regardless of the patient's refusal:
(1) if the physician believes that the
patient lacks the capacity to make a decision regarding the administration of
the psychoactive medication;
(2) if
the physician determines that the medication is the proper course of treatment
for the patient; and
(3) if the
patient is under an order for temporary or extended mental health services
under THSC §574.034 or §574.035 and the patient, verbally or by other
indication, refuses to take the medication voluntarily.
(b) Hearing on petition. A hearing on a petition for an order to authorize the administration of psychoactive medication regardless of the patient's refusal will be held in accordance with provisions outlined in THSC §§576.104 - 574.106.
(c) Issuance of order.
(1) The court may issue an order authorizing
the administration of one or more classes of psychoactive medication only if
the court finds by clear and convincing evidence after the hearing that:
(A) the patient lacks the capacity to make a
decision regarding the administration of the proposed medication; and
(B) treatment with the proposed medication is
in the best interest of the patient.
(2) In making its finding, the court shall
consider:
(A) the patient's expressed
preferences regarding treatment with psychoactive medication;
(B) the patient's religious
beliefs;
(C) the risks and
benefits, from the perspective of the patient, of taking psychoactive
medication;
(D) the consequences to
the patient if the psychoactive medication is not administered;
(E) the prognosis for the patient if the
patient is treated with psychoactive medication; and
(F) alternatives to treatment with
psychoactive medication.
(3) An order entered under this subsection
shall authorize the administration to a patient, regardless of the patient's
refusal, of one or more classes of psychoactive medications specified in the
petition and consistent with the patient's diagnosis. The order shall permit:
(A) an increase or decrease in a medication's
dosage;
(B) reinstitution of
medication authorized but discontinued during the period the order is valid;
or
(C) the substitution of a
medication within the same medication class.
(4) The issuance of an order authorizing
administration of psychoactive medication is not a determination or
adjudication of mental incompetency and does not limit in any other respect the
patient's rights as a citizen or the patient's property rights or legal
capacity.
(d) Rights of patients.
(1) A patient for whom an
application for an order to authorize the administration of a psychoactive
medication is filed is entitled to:
(A)
representation by a court-appointed attorney who is knowledgeable about issues
to be adjudicated at the hearing;
(B) meet with that attorney as soon as is
practicable to prepare for the hearing and to discuss any of the patient's
questions or concerns;
(C) receive,
immediately after the time of the hearing is set, a copy of the application and
written notice of the time, place, and date of the hearing;
(D) be told, at the time personal notice of
the hearing is given, of the patient's right to a hearing and right to the
assistance of an attorney to prepare for the hearing and to answer any
questions or concerns;
(E) be
present at the hearing;
(F) request
from the court an independent expert; and
(G) oral notification, at the conclusion of
the hearing, of the court's determinations of the patient's capacity and best
interests.
(2) A patient
may appeal an order under this subchapter in the manner provided by THSC
§574.070 for appeal of an order requiring court-ordered mental health
services. The order authorizing the administration of psychoactive medication
remains effective pending the appeal.
(e) Review and expiration of order.
(1) An order authorizing the administration
of psychoactive medication expires on the expiration or termination date of the
order for temporary or extended mental health services in effect when the order
for psychoactive medication is issued.
(2) An order authorizing the administration
of medication shall be reviewed by the court on an annual basis.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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