26 Tex. Admin. Code § 320.57 - Information Required To Be Given
(a) The treating
physician, registered nurse (RN), licensed vocational nurse (LVN), physician's
assistant (PA), or registered pharmacist (RPh) will explain to the patient and
to the patient's legally authorized representative, the information in
paragraphs (1) - (10) of this subsection in simple, nontechnical language in
the person's primary language, if possible. If the explanation is not provided
by the treating physician, he or she must confirm the explanation with the
patient and the patient's legally authorized representative, within two working
days, not including weekends or legal holidays:
(1) the nature of the patient's mental
illness and condition;
(2) the name
of the medication and the beneficial effects on the patient's mental illness or
condition expected as a result of treatment with that medication;
(3) the probable health and mental health
consequences to the patient of not taking the medication, including the
occurrence, increase, or reoccurrence of symptoms of mental illness;
(4) the existence of generally accepted
alternative forms of treatment, if any, that could reasonably be expected to
achieve the same benefits as the medication and why the physician rejects the
alternative treatment;
(5) a
description of the proposed course of treatment with medication including any
necessary evaluations and lab work;
(6) the fact that side effects of varying
degrees of severity are a risk of all medication;
(7) the relevant side effects of the
medication, including:
(A) any side effects
which are known to frequently occur in most persons;
(B) any side effects to which the particular
patient may be predisposed; and
(C)
the nature and possible occurrence of the potentially irreversible symptoms of
tardive dyskinesia;
(8)
the need to advise mental health facility staff immediately if any of these
side effects occur;
(9) an
instruction that the patient may withdraw consent at any time without negative
actions on the part of staff; and
(10) the patient's rights under this
section.
(b) The patient
and his or her LAR must also be provided a summary of this information in
writing, along with an offer to answer any questions concerning the treatment.
If the LAR is not present, the information must be mailed to the representative
(via certified letter) within 24 hours, except on weekdays and legal holidays
when the information will be mailed on the next business day.
Notes
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