Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 967	CLIENT CARE OF INDIVIDUALS RECEIVING SERVICES AT STATE SUPPORTED LIVING CENTERS
SUBCHAPTER C	CONSENT OR AUTHORIZATION FOR ADMINISTRATION OF PSYCHOTROPIC MEDICATION AT STATE SUPPORTED LIVING CENTERS
RULE §967.83	Order Authorizing Administration of Psychotropic Medication

In accordance with THSC §592.154, a treating physician may file an application in a probate court or a court with probate jurisdiction on behalf of the State of Texas for an order authorizing the administration of a psychotropic medication to an individual if:

(1) the individual refuses to take the psychotropic medication;

(2) the treating physician believes that the individual lacks the capacity to make a decision regarding the administration of the psychotropic medication;

(3) the treating physician determines that the psychotropic medication is the proper course of treatment for the individual;

(4) the individual does not have an LAR; and

(5) the individual:

(A) has been committed to a facility involuntarily under:

(i) THSC, Chapter 593, Subchapter C;

(ii) Texas Code of Criminal Procedure, Chapter 46B or 46C; or

(iii) Texas Family Code, Chapter 55;

(B) has been transferred to a facility under the Texas Mental Health Code, THSC, Title 7, Subtitle C; or

(C) has had an application for the individual's commitment to a facility filed in accordance with THSC Chapter 593, Subchapter C.

Source Note: The provisions of this §967.83 adopted to be effective April 7, 2015, 40 TexReg 1988; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4927