(a) An individual has the right to refuse to take psychotropic medication.
(b) An individual's refusal to take psychotropic medication may be demonstrated through written or oral communication or behavior that indicates an objection to the medication, including refusing or pretending to swallow medication, or refusing to submit to hypodermic injection of medication.
(c) An individual's LAR may refuse to consent to the administration of psychotropic medication on the individual's behalf.
(d) The director may refuse to authorize the administration of psychotropic medication for an individual.
(e) A facility must document in the active record of an individual who refuses to take psychotropic medication, whose LAR refuses to consent to the administration of psychotropic medication, or for whom the director refuses to authorize the administration of psychotropic medication:
  (1) the individual's refusal to take psychotropic medication and the manner in which the individual demonstrated his refusal to take the psychotropic medication;
  (2) the LAR's refusal to consent to the administration of psychotropic medication on the individual's behalf; or
  (3) the director's refusal to authorize the administration of psychotropic medication to the individual.
(f) A facility must not administer psychotropic medication to an individual whose LAR refuses to consent to the administration of psychotropic medication on the individual's behalf unless the individual is having a medication-related emergency.
(g) A facility must not administer psychotropic medication to an individual who refuses to take the medication unless:
  (1) the individual is having a medication-related emergency;
  (2) the refusing individual's LAR has consented to the administration; or
  (3) the administration of the psychotropic medication is authorized by:
    (A) an order issued under THSC §592.156 (relating to Hearing and Order Authorizing Psychotropic Medication); or
    (B) an order issued under Texas Code of Criminal Procedure, Article 46B.086 (relating to Court-Ordered Medications).

Source Note: The provisions of this §967.81 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