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Patient Rights for Court-Ordered Psychoactive Medication Treatment

Rights before consent

Date of Last Review: 5/19/08
SME: Associate Director of Nursing


The following are a patient's general rights regarding his/her treatment with psychoactive medication:

Right

The patient has the right to...

1

Be informed about any other types of treatment the physician thinks can reduce or control the symptoms

2

Know what may happen if s/he does not choose to take the medicine

3

Know how s/he will receive the medicine, how frequently, and for how long

4

Know the side effects and permanent problems that might occur because of taking the medicine for a long time or in a large amount

5

Decide whether to consent to take the medicine or not as the treating physician recommends

6

Withdraw consent to treatment with psychoactive medications at any time

7

Be represented by an attorney and to appeal the judge's decision

Hearing/petitions process

The hearing and petition process is as follows:

Stage

The patient is entitled to...

1

Have a hearing within seven days after the date of the petition to authorize the administration the medication

2

Have the hearing scheduled for a different date than the date of a hearing on an application for temporary court-ordered mental health services unless s/he or the attorney agrees in writing to have the hearings on the same date

3

Have a court-appointed attorney who is knowledgeable about issues to be adjudicated at the hearing to represent him/her

4

Meet with his/her attorney prior to the hearing to prepare for the hearing and to discuss any of the patient's questions or concerns

5

Receive immediately after the time the hearing is set a copy of the petition and written notice of the time, place, and date of the hearing

6

Be present at the hearing and request from the court an independent expert

7

Have oral notification and written notification as soon as possible after the conclusion of the hearing of the following:

The reasons for the court's determination

The evidence on which the court based its determination

8

Have the court consider the patient's expressed preferences regarding treatment with psychoactive medication and his/her religious beliefs

9

Appeal the court's decision; however, the order authorizing the administration of psychoactive medication to the patient will be in effect pending the outcome/conclusion of the appeal

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Harris County Psychiatric Center University of Texas Health Science Center