(a) Psychoactive medications will not be administered to patients admitted to a mental health facility under the voluntary provisions of the Texas Health and Safety Code (THSC) or detained at a mental health facility under the THSC emergency detention or order of protective custody (OPC) provisions without informed consent from the patient or the patient's legally authorized representative unless the patient is in an psychiatric emergency and medication is administered as provided in §414.410 of this title (relating to Psychiatric Emergencies).
(b) If an adult under a protective custody order as provided by THSC, Chapter 574, Subchapter B, is a ward, the guardian of the person of the ward may consent to the administration of psychoactive medication as prescribed by the ward's treating physician regardless of the ward's expressed preferences regarding treatment with psychoactive medication.

Source Note: The provisions of this §414.406 adopted to be effective August 31, 2004, 29 TexReg 8317