| (a) An individual has the right to refuse to take psychotropic
medication.
(b) An individual's refusal to take psychotropic medication
may be demonstrated through written or oral communication or behavior
that indicates an objection to the medication, including refusing
or pretending to swallow medication, or refusing to submit to hypodermic
injection of medication.
(c) An individual's LAR may refuse to consent to the
administration of psychotropic medication on the individual's behalf.
(d) The director may refuse to authorize the administration
of psychotropic medication for an individual.
(e) A facility must document in the active record of
an individual who refuses to take psychotropic medication, whose LAR
refuses to consent to the administration of psychotropic medication,
or for whom the director refuses to authorize the administration of
psychotropic medication:
(1) the individual's refusal to take psychotropic medication
and the manner in which the individual demonstrated his refusal to
take the psychotropic medication;
(2) the LAR's refusal to consent to the administration
of psychotropic medication on the individual's behalf; or
(3) the director's refusal to authorize the administration
of psychotropic medication to the individual.
(f) A facility must not administer psychotropic medication
to an individual whose LAR refuses to consent to the administration
of psychotropic medication on the individual's behalf unless the individual
is having a medication-related emergency.
(g) A facility must not administer psychotropic medication
to an individual who refuses to take the medication unless:
(1) the individual is having a medication-related emergency;
(2) the refusing individual's LAR has consented to
the administration; or
(3) the administration of the psychotropic medication
is authorized by:
(A) an order issued under THSC §592.156 (relating
to Hearing and Order Authorizing Psychotropic Medication); or
(B) an order issued under Texas Code of Criminal Procedure,
Article 46B.086 (relating to Court-Ordered Medications).
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