Tex.
Health & Safety Code Section 841.203
Physician’s Application for Order to Authorize Psychoactive Medication; Date of Hearing
(a)
A physician who is treating a committed person may, on behalf of the state, file an application in a probate court or a court with probate jurisdiction for an order to authorize the administration of a psychoactive medication regardless of the committed person’s refusal if:(1)
the physician believes that the committed person lacks the capacity to make a decision regarding the administration of the psychoactive medication;(2)
the physician determines that the medication is the proper course of treatment for the committed person;(3)
the committed person is receiving mental health services under Section 841.0835 (Committed Persons with Special Needs) or other law; and(4)
the committed person, verbally or by other indication, refuses to take the medication voluntarily.(b)
An application filed under this section must state:(1)
that the physician believes that the committed person lacks the capacity to make a decision regarding administration of the psychoactive medication and the reasons for that belief;(2)
each medication the physician wants the court to compel the committed person to take;(3)
whether the committed person is receiving mental health services under Section 841.0835 (Committed Persons with Special Needs) or other law;(4)
the physician’s diagnosis of the committed person; and(5)
the proposed method for administering the medication and, if the method is not customary, an explanation justifying the departure from the customary methods.(c)
An application filed under this section is separate from an application for court-ordered mental health services.(d)
A hearing on the application must be held not later than the 30th day after the date the application was filed. If the committed person is transferred to a mental health facility in another county, the court may transfer the application to the county where the committed person has been transferred.(e)
Subject to the requirement in Subsection (d) that the hearing be held not later than the 30th day after the date the application was filed, the court may grant one continuance on a party’s motion and for good cause shown. The court may grant more than one continuance only with the agreement of the parties.
Source:
Section 841.203 — Physician's Application for Order to Authorize Psychoactive Medication; Date of Hearing, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.841.htm#841.203 (accessed Jun. 5, 2024).
