1. (a) An application for court-ordered mental health services may not be filed against a patient receiving voluntary inpatient services unless:

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

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

      1. (A) is absent from the facility without authorization;
      2. (B) is unable to consent to appropriate and necessary psychiatric 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 mental illness that, in addition to the information required by Section 574.011, 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 mental health services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.

Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.04, eff. Aug. 30, 1993.