Loved One Refusing Meds in the Hospital?

In the state of Texas, even if a person is committed involuntarily to the hospital for treatment, that person has a right to refuse medication. So what can be done to help your loved one? An application can be made to the county judge under Texas Health and Safety Code § 574.104. "PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION." This can actually be done at the same hearing for the commitment order, but may be done as far out as 30 days after the application is filed with the court. Or, if the hospital is in a different county (as Rusk State Hospital and Terrell State Hospital is for Smith County) the original county court may transfer this type of jurisdiction to the hospital's county court. This way the person does not have to be transported back to their original county for the hearing. Sounds logical doesn't it?

So how does Smith County compare? Smith County has typically longer hospital stays than other counties with a cost to taxpayers of $363 per person per day as indicated in this DSHS report. Statewide, the average length of stay in a state hospital is 36 days. For Rusk State Hospital it is 45 days. Why is this? Are the patients getting more treatment? Actually the opposite is true. For those from Smith County and refusing medications, the application for court ordered medications is probably sitting on the county judge's desk. These hearings are not scheduled in an expedient manner and the Smith County Judge refuses to transfer the jurisdiction to Rusk County because this costs a few hundred dollars. So, by saving a few hundred dollars, the county judge is costing the taxpayers thousands.

Now, I have mentioned the financial impact not because that's the most important concern, but, because (1) it's easy to follow the tax dollars, and, (2) dollar signs speak louder to politicians than humanity issues. Nothing speaks louder than dollar signs to politicians seeking re-election except for maybe voters calling and stating their concern. What can you do about it? Contact the Smith County Judge and tell him you are concerned about the probability that applications for court ordered medications are not being handled in an expeditious manner. Or, just ask him questions about how long this process takes or how it happens. Be polite and your concerns will probably be taken seriously. This is the grassroots way of making a change in government.

Please leave your experiences in the comments section.