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.
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