26 Tex. Admin. Code § 320.55 - Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Capacity--A
patient's ability to:
(A) understand the
nature and consequences of a proposed treatment, including the benefits, risks,
and alternatives to the proposed treatment; and
(B) make a decision whether to undergo the
proposed treatment.
(2)
Imminent--Ready to take place within seconds.
(3) Informed consent--Consent given by a
person or the person's legally authorized representative when each of the
following conditions have been met:
(A)
Comprehension of information. The person giving the consent has been provided
the information outlined in § 414.404 of this title (relating to
Information Required To Be Given) and has the capacity to give consent;
and
(B) Voluntariness. The consent
has been given voluntarily.
(4) Legally authorized representative
(LAR)--A person authorized by law to act on behalf of an individual with regard
to a matter described in this subchapter, who may be a parent, guardian, or
managing conservator of a minor, the guardian of an adult, or the legal
representative of a deceased individual.
(5) Medication class--A group of medications
with similar actions and indications for use, as outlined in the department's
most recent "Classes of Psychoactive Medications Determined by the Texas
Department of Mental Health and Mental Retardation." A copy of which may be
obtained by contacting TDMHMR, Office of Office of the Medical Director, P.O.
Box 12668, Austin, TX 78711-2668, or the TDMHMR website,
www.mhmr.state.tx.us.
(6) Mental health facility--A facility that
can provide 24-hour residential and psychiatric services and that is:
(A) a TDMHMR mental health facility that is a
state hospital or state center operated by the Texas Department of Mental
Health or Mental Retardation (TDMHMR);
(B) a psychiatric hospital licensed under
Texas Health and Safety Code, Chapter 577, and Chapter 134 of this
title;
(C) an identifiable mental
health service unit of a hospital licensed under Texas Health and Safety Code,
Chapter 241, and Chapter 133, Subchapter A of this title;
(D) a crisis stabilization unit (CSU)
licensed under THSC, Chapter 577, and Chapter 134; or
(E) a facility operated by a local mental
health authority or under contract to a local mental health
authority.
(7) Minor--A
person under 18 years of age who is not and has not been married or who has not
had his or her disabilities of minority removed for general purposes.
(8) Order for temporary or extended mental
health services--A court-ordered commitment to mental health services Texas
Health and Safety Code, §
574.034 or
§
574.035.
(9) Psychiatric emergency--A situation in
which, in the opinion of the physician, it is immediately necessary to
administer medication to ameliorate the signs and symptoms of a patient's
mental illness and to prevent:
(A) imminent
probable death or substantial bodily harm to the patient because the patient:
(i) is threatening or attempting to commit
suicide or serious bodily harm; or
(ii) is behaving in a manner that indicates
that the patient is unable to satisfy the patient's need for nourishment,
essential medical care, or self-protection; or
(B) imminent physical or emotional harm to
others because of threats, attempts, or other acts the patient makes or
commits.
(10)
Psychoactive medication--Medication whose primary intended therapeutic effect
is to treat or ameliorate the signs or symptoms of mental disorder, or to
modify mood, affect, perception, or behavior, consistent with THSC, Chapter
574, Subchapter G, §574.101.
(11) Refusal to consent to administration of
psychoactive medication (refusal)--Actions which include the following
behaviors:
(A) The patient or legally
authorized representative communicates orally, through sign language, or in
writing that he or she refuses psychoactive medication.
(B) The patient communicates through behavior
that he or she refuses psychoactive medication, e.g., refusing to swallow oral
medication or refusing to submit to hypodermic injection of psychoactive
medication.
(C) The patient
pretends to swallow oral psychoactive medications, and the attending physician
determines that the pretending behavior is due to an unwillingness to take the
medication.
(D) The patient gives
either no response or a noncommittal response after he or she has received the
standard risk-benefit explanation.
(12) Service setting-An entity to which this
subchapter applies, as described in § 414.402 of this title, relating to
Application, or a service site contracted to one of these entities.
(13) TDMHMR mental health facility--A state
hospital or state center operated by the Texas Department of Mental Health and
Mental Retardation.
(14) Ward--A
person for whom a guardian has been appointed.
Notes
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No prior version found.