2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter L. Rights of Residents › Section 242.505. Prescription of Psychoactive Medication

Sec. 242.505.  PRESCRIPTION OF PSYCHOACTIVE MEDICATION.  (a)  In this section:
(1)  "Medication-related emergency" means a situation in which it is immediately necessary to administer medication to a resident to prevent:
(A)  imminent probable death or substantial bodily harm to the resident;  or
(B)  imminent physical or emotional harm to another because of threats, attempts, or other acts the resident overtly or continually makes or commits.
(2)  "Psychoactive medication" means a medication that is prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and that is used to exercise an effect on the central nervous system to influence and modify behavior, cognition, or affective state when treating the symptoms of mental illness.  The term includes the following categories when used as described by this subdivision:
(A)  antipsychotics or neuroleptics;
(B)  antidepressants;
(C)  agents for control of mania or depression;
(D)  antianxiety agents;
(E)  sedatives, hypnotics, or other sleep-promoting drugs;  and
(F)  psychomotor stimulants.
(b)  A person may not administer a psychoactive medication to a resident who does not consent to the prescription unless:
(1)  the resident is having a medication-related emergency;  or
(2)  the person authorized by law to consent on behalf of the resident has consented to the prescription.
(c)  Subject to Subsection (c-1), consent to the prescription of psychoactive medication given by a resident or by a person authorized by law to consent on behalf of the resident is valid only if:
(1)  the consent is given voluntarily and without coercive or undue influence;
(2)  the person prescribing the medication, that person's designee, or the facility's medical director provided the following information, in a standard format approved by the department, to the resident and, if applicable, to the person authorized by law to consent on behalf of the resident:
(A)  the specific condition to be treated;
(B)  the beneficial effects on that condition expected from the medication;
(C)  the probable clinically significant side effects and risks associated with the medication; and
(D)  the proposed course of the medication;
(3)  the resident and, if appropriate, the person authorized by law to consent on behalf of the resident are informed in writing that consent may be revoked; and
(4)  the consent is evidenced in the resident's clinical record by:
(A)  a signed form prescribed by the facility or by a statement of the person prescribing the medication or that person's designee that documents that consent was given by the appropriate person and the circumstances under which the consent was obtained; and
(B)  the original or a copy of the written consent required by Subsection (c-1), if applicable.
(c-1)  In addition to the requirements of Subsection (c), consent to the prescription of an antipsychotic or neuroleptic medication is valid only if the consent to the prescription of that medication is given in writing, on a form prescribed by the commission, by a resident or by a person authorized by law to consent on behalf of the resident.
(c-2)  Written consent provided by a resident or the resident's legally authorized representative on the form described by Subsection (c-1) satisfies the consent requirements of Subsection (c).
(c-3)  There is a rebuttable presumption that the written consent provided by a resident or the resident's legally authorized representative on the form described by Subsection (c-1) satisfies the disclosure requirements established by the Texas Medical Disclosure Panel in Sections 74.104 and 74.105, Civil Practice and Remedies Code.
(d)  A resident's refusal to consent to receive psychoactive medication shall be documented in the resident's clinical record.
(e)  If a person prescribes psychoactive medication to a resident without the resident's consent because the resident is having a medication-related emergency:
(1)  the person shall document in the resident's clinical record in specific medical or behavioral terms the necessity of the order;  and
(2)  treatment of the resident with the psychoactive medication shall be provided in the manner, consistent with clinically appropriate medical care, least restrictive of the resident's personal liberty.
(f)  A physician or a person designated by the physician is not liable for civil damages or an administrative penalty and is not subject to disciplinary action for a breach of confidentiality of medical information for a disclosure of the information provided under Subsection (c)(2) made by the resident or the person authorized by law to consent on behalf of the resident that occurs while the information is in the possession or control of the resident or the person authorized by law to consent on behalf of the resident.
Added by Acts 2001, 77th Leg., ch. 919, Sec. 2, eff. June 14, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1095 (H.B. 2050), Sec. 1, eff. September 1, 2019.