215.015Psychiatric Inpatient Admissions: The Texas Medical Association endorses the following position statement concerning inpatient psychiatric admissions:
Informed consent to admit oneself voluntarily to a psychiatric hospital is not equivalent to a competency evaluation for legal purposes. Voluntary admission to a psychiatric hospital should follow the same general principles as admission to any medical/surgical hospital; it should occur easily and in a reasonable manner. This is important because it provides timely patient care and it recognizes the patient's right to access treatment.
The admission of a patient to a psychiatric hospital on a voluntary basis in no way precludes a decision to proceed with a guardianship if that seems to be in the patient's short- or long-term best interest. It also does not preclude the later commitment of a patient if it becomes abundantly clear that the patient cannot truly give informed consent to psychiatric medication and other psychiatric treatment despite the patient's willingness to be in a hospital.
TMA, therefore, strongly urges that the provisions of the Texas Mental Health Code and the Texas civil law be followed, that a person admitted for psychiatric hospitalization is presumed competent unless otherwise determined by a court of law. A person is considered to have the capacity to provide informed consent for admission to a psychiatric hospital if he/she is able to communicate understanding of the fact that he/she is being admitted to a psychiatric hospital and has some reasonable understanding of and willingness to cooperate with treatment (Committee on Psychiatric Health Care and Mental Retardation, p 94, I-95; reaffirmed CSA Rep. 3-A-05; reaffirmed CSPH Rep. 1-A-15).
Last Updated On
October 07, 2016