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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 414RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
SUBCHAPTER ICONSENT TO TREATMENT WITH PSYCHOACTIVE MEDICATION--MENTAL HEALTH SERVICES
RULE §414.407Patients Committed to Mental Health Facilities under Provisions of the Texas Health and Safety Code

Psychoactive medications will not be administered to patients committed to a mental health facility under an order for temporary or extended mental health services if the patient or the patient's legally authorized representative refuses the medication unless:

  (1) the patient is in a psychiatric emergency and medication is administered as provided in §414.410 of this title (relating to Psychiatric Emergencies);

  (2) the patient does not have a legally authorized representative and the administration of the medication, regardless of the patient's refusal, is authorized by an order as outlined in THSC §§574.101 - 574.110; or

  (3) the patient is a ward who is 18 years of age or older and the guardian of the person of the ward consents to the administration of psychoactive medication regardless of the ward's expressed preferences regarding treatment with psychoactive medication.


Source Note: The provisions of this §414.407 adopted to be effective August 31, 2004, 29 TexReg 8317

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