Texas Civil Practice and Remedies Code
Sec. § 137.008
Disregard of Declaration for Mental Health Treatment


A physician or other health care provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:


if the principal is under an order for temporary or extended mental health services under Section 574.034 (Order for Temporary Inpatient Mental Health Services), 574.0345 (Order for Temporary Outpatient Mental Health Services), 574.035 (Order for Extended Inpatient Mental Health Services), or 574.0355 (Order for Extended Outpatient Mental Health Services), Health and Safety Code, and treatment is authorized in compliance with Section 574.106 (Hearing and Order Authorizing Psychoactive Medication), Health and Safety Code; or


in case of an emergency when the principal’s instructions have not been effective in reducing the severity of the behavior that has caused the emergency.


A declaration for mental health treatment does not limit any authority provided by Chapter 573 (Emergency Detention) or 574 (Court-ordered Mental Health Services), Health and Safety Code:


to take a person into custody; or


to admit or retain a person in a mental health treatment facility.


This section does not apply to the use of electroconvulsive treatment or other convulsive treatment.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 464, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 1, eff. September 1, 2019.
Last accessed
Apr. 12, 2021