Document ID: chunk:federal_register_of_legislation:F2023L01180:reg:8
Version: federal_register_of_legislation:F2023L01180
Segment Type: reg
Provision Reference: reg 8
Character Range: 4336–5839

8               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting tardive dyskinesia or death from tardive dyskinesia with the circumstances of a person's relevant service:
(1)          taking an antipsychotic medication for least 3 continuous months for persons under 60 years of age or at least 1 month for persons aged 60 years or older, before the clinical onset of tardive dyskinesia and where the symptoms and signs of tardive dyskinesia develop during antipsychotic medication use or within 4 weeks of withdrawal from an oral antipsychotic medication or within 8 weeks of withdrawal from a long-acting injectable antipsychotic medication;
(2)          taking antiemetic drug metoclopramide, domoperidone, droperidol, or prochlorperazine, or the anxiety drug buspirone for least 3 continuous months for persons under 60 years of age or at least 1 month for persons aged 60 years or older, before the clinical onset of tardive dyskinesia and where the symptoms and signs of tardive dyskinesia develop during antiemetic medication use or within 4 weeks of withdrawal from an antiemetic medication;
(3)          taking anticholinergic medications that cannot be ceased or substituted at the time of the clinical worsening of tardive dyskinesia;
(4)          inability to obtain appropriate clinical management for tardive dyskinesia before the clinical worsening of tardive dyskinesia.