SECTION 414.404. 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.

Source Note: The provisions of this §414.404 adopted to be effective August 31, 2004, 29 TexReg 8317