In accordance with THSC §592.154, a treating physician may file an application in a probate court or a court with probate jurisdiction on behalf of the State of Texas for an order authorizing the administration of a psychotropic medication to an individual if:

1. (1) the individual refuses to take the psychotropic medication;
2. (2) the treating physician believes that the individual lacks the capacity to make a decision regarding the administration of the psychotropic medication;
3. (3) the treating physician determines that the psychotropic medication is the proper course of treatment for the individual;
4. (4) the individual does not have an LAR; and

5. (5) the individual:

   1. (A) has been committed to a facility involuntarily under:

      1. (i) THSC, Chapter 593, Subchapter C;
      2. (ii) Texas Code of Criminal Procedure, Chapter 46B or 46C; or
      3. (iii) Texas Family Code, Chapter 55;
   2. (B) has been transferred to a facility under the Texas Mental Health Code, THSC, Title 7, Subtitle C; or
   3. (C) has had an application for the individual's commitment to a facility filed in accordance with THSC Chapter 593, Subchapter C.

Source Note:The provisions of this §967.83 adopted to be effective April 7, 2015, 40 TexReg 1988; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4927.