Texas Administrative Code

Texas Administrative Code

TITLE 37	PUBLIC SAFETY AND CORRECTIONS
PART 11	TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 380	RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
SUBCHAPTER C	PROGRAM SERVICES
DIVISION 4	HEALTH CARE SERVICES
RULE §380.9192	Involuntary Emergency Administration of Psychotropic Medication

(a) Purpose. This rule establishes criteria for the Texas Juvenile Justice Department (TJJD) to administer psychotropic medication to youth in TJJD-operated high restriction residential facilities. These criteria apply in a psychiatric emergency when the youth cannot or will not give consent for the administration.

(b) Definitions. See §380.9175 of this title for definitions of certain terms in this rule.

(d) Criteria for the Involuntary Emergency Administration of Psychotropic Medication.

(1) Psychotropic medication may be administered in an injectable form to a youth with a diagnosed mental health condition in a psychiatric emergency when the youth cannot or will not give consent and the youth demonstrates any of the actions listed below:

(A) imminent and substantial harm to self because of overt behaviors that could result in bodily harm or death; or

(B) imminent and substantial physical harm to another because of acts the youth overtly commits.

(2) Only a facility psychiatric or medical provider as defined in §380.9175 of this title may prescribe the involuntary emergency use of psychotropic medication.

(e) Restrictions for Administering Psychotropic Medication.

(1) Psychotropic drugs shall not be administered for punishment or for program management or control. Pharmaceutical experimentation or research using TJJD youth is strictly prohibited.

(2) Standing medication orders are prohibited in a psychiatric emergency.

(f) Emergency Commitment to a State Hospital or Admission to a Crisis Stabilization Unit.

(1) TJJD initiates commitment to a state hospital for a youth requiring compelled psychotropic medication. See §380.8769 of this title for state hospital commitment procedures.

(2) If the youth qualifies for admission to a crisis stabilization unit, staff immediately initiates an admission referral. See §380.8767of this title regarding admission to a crisis stabilization unit.

(g) Notification.

(1) The facility administrator or designee notifies the parent/guardian of involuntary administration of psychotropic medication as soon as possible following the action.

(2) Psychiatric emergencies are reported in accordance with agency procedures for reporting serious incidents.

Source Note: The provisions of this §380.9192 adopted to be effective February 20, 1998, 23 TexReg 1115; amended to be effective August 1, 2009, 34 TexReg 4916; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976