We have filed an Application for Temporary Mental Health Services and a Motion for an Order of Protective Custody on Proposed Patient. Proposed Patient was uncommunicative with his attorney, and the attorney waived the probable cause hearing for the OPC.

The hospital has called, and the doctor will be filing an application for a court order to administer medication to Proposed Patient. Because of various scheduling problems, we cannot go to court on this for several days.

The attorney for Proposed Patient is willing to sign an agreed order regarding administration of medication so that the patient can receive the medication as soon as possible.

Does anyone know of a reason why an agreed order cannot be entered?

If I understand your question, you are asking whether the attorney can waive and consent to medication before the 574.034 hearing? Under 574.106 (a) (1), the patient must be under an order for temporary or extended treatment before the hearing and subsequent order for psychoactive meds is issued.

Etta is precisely correct. However, medication may be given on an emergent basis in the interim -- if it is truly "emergent" and not a workaround for failure to obtain consent or an order under H&S 576.025. See also, 25 TAC Chapt 415. It would be a patient's rights violation --and moreover, if a Medicare surveyor happened to see that chart, it would result in sanctions. That's unequivocal. And while attorneys may be sanguine about surveyors, hospital administrators find that having such on your doorstep may not be career enhancing events.

This issue is oft problematic and that's why, when serving as an ad litem, I strongly encourage the physician to file an application for forced meds at the same time or near thereto issuance of the OPC if any clinical justification exists. Else, the best interest of the patient is not served, as we burn up bed days awaiting an order, during which the patient is subject both to the ravages of his/her illness and potential harm to self or others. But 576.025 is very clear and there is a long history by surveyors who investigate complaints on these matters to follow this rule stringently.

flj

[This message was edited by Floyd L. Jennings on 11-16-05 at .]