Patients‘ Rights and the Texas Mental Health Law

Abstract

A series of court cases between the 1960s and the 1980s focusing on patient autonomy changed the approach to mental health treatment in the United States. The process of involuntary psychiatric treatment can vary greatly between states; thus, all mental health practitioners need to have a strong grasp of their respective state and institutional policies. In this article, we examine the Texas mental health law regarding consent to psychoactive medications and involuntary medications. The Texas Health and Safety Code requires the use of a legally authorized representative to consent to psychoactive medications when patients lack capacity due to a mental illness. We argue that the use of a legally authorized representative is ethical and improves psychosocial outcomes. Using a case example, we explore the interplay among patient rights to treatment, autonomy, ethics, and the law. Consistent application of this process will facilitate treatment according to the current standard of practice.