1. (a) An application for court-ordered treatment may not be filed against a patient receiving voluntary care under this subchapter unless:

   1. (1) a request for release of the patient has been filed; or

   2. (2) in the opinion of the physician responsible for the patient's treatment, the patient meets the criteria for court-ordered treatment and:

      1. (A) is absent from the facility without authorization;
      2. (B) is unable to consent to appropriate and necessary treatment; or

      3. (C) refuses to consent to necessary and appropriate treatment recommended by the physician responsible for the patient's treatment and that physician completes a certificate of medical examination for chemical dependency that, in addition to the information required by Section 462.064, includes the opinion of the physician that:

         1. (i) there is no reasonable alternative to the treatment recommended by the physician; and
         2. (ii) the patient will not benefit from continued inpatient care without the recommended treatment.
2. (b) The physician responsible for the patient's treatment shall notify the patient if the physician intends to file an application for court-ordered treatment.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 903, Sec. 1.15, eff. Aug. 30, 1993.