Tex.
Health & Safety Code Section 841.205
Hearing and Order Authorizing Psychoactive Medication
(a)
The court may issue an order authorizing the administration of one or more classes of psychoactive medication to a committed person who is receiving mental health services under Section 841.0835 (Committed Persons with Special Needs) or other law.(b)
The court may issue an order under this section only if the court finds by clear and convincing evidence after a hearing that the committed person:(1)
lacks the capacity to make a decision regarding the administration of the proposed medication and treatment with the proposed medication is in the best interest of the committed person; or(2)
as determined under Section 841.206 (Finding that Committed Person Presents a Danger), presents a danger to the committed person or others in the civil commitment center in which the committed person is being treated.(c)
In making the finding that treatment with the proposed medication is in the best interest of the committed person, the court shall consider:(1)
the committed person’s expressed preferences regarding treatment with psychoactive medication;(2)
the committed person’s religious beliefs;(3)
the risks and benefits, from the perspective of the committed person, of taking psychoactive medication;(4)
the consequences to the committed person if the psychoactive medication is not administered;(5)
the prognosis for the committed person if the committed person is treated with psychoactive medication;(6)
alternative, less intrusive treatments that are likely to produce the same results as treatment with psychoactive medication; and(7)
less intrusive treatments likely to secure the committed person’s agreement to take the psychoactive medication.(d)
A hearing under this subchapter shall be conducted on the record by the probate judge or judge with probate jurisdiction, except as provided by Subsection (e).(e)
A judge may refer a hearing to a magistrate or court-appointed associate judge who has training regarding psychoactive medications. The magistrate or associate judge may provide the notice, set hearing dates, and appoint attorneys as required by this subchapter. A record is not required if the hearing is held by a magistrate or court-appointed associate judge.(f)
A party is entitled to a hearing de novo by the judge if an appeal of the magistrate’s or associate judge’s report is filed with the court not later than the third day after the date the report is issued. The hearing de novo must be held not later than the 30th day after the date the application under Section 841.203 (Physician’s Application for Order to Authorize Psychoactive Medication; Date of Hearing) was filed.(g)
If a hearing or an appeal of a magistrate’s or associate judge’s report is to be held in a county court in which the judge is not a licensed attorney, the committed person or the committed person’s attorney may request that the proceeding be transferred to a court with a judge who is licensed to practice law in this state. The county judge shall transfer the case after receiving the request, and the receiving court shall hear the case as if it had been originally filed in that court.(h)
As soon as practicable after the conclusion of the hearing, the committed person is entitled to have provided to the committed person and the committed person’s attorney written notification of the court’s determinations under this section. The notification must include a statement of the evidence on which the court relied and the reasons for the court’s determinations.(i)
An order issued under this section shall authorize the administration to a committed person, regardless of the committed person’s refusal, of one or more classes of psychoactive medications specified in the application and consistent with the committed person’s diagnosis. The order shall permit an increase or decrease in a medication’s dosage, continuation of medication authorized but discontinued during the period the order is valid, or the substitution of a medication within the same class.(j)
The classes of psychoactive medications in the order must conform to classes determined by the Health and Human Services Commission.(k)
An order issued under this section may be reauthorized or modified on the petition of a party. The order remains in effect pending action on a petition for reauthorization or modification. For the purpose of this subsection, “modification” means a change of a class of medication authorized in the order.
Source:
Section 841.205 — Hearing and Order Authorizing Psychoactive Medication, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.841.htm#841.205 (accessed Jun. 5, 2024).
