Sec. 137.008. DISREGARD OF DECLARATION FOR MENTAL HEALTH TREATMENT. (a) A physician or other health care provider may subject the principal to mental health treatment in a manner contrary to the principal's wishes as expressed in a declaration for mental health treatment only: (1) if the principal is under an order for temporary or extended mental health services under Section 574.034 , 574.0345 , 574.035 , or 574.0355 , Health and Safety Code, and treatment is authorized in compliance with Section 574.106 , Health and Safety Code; or (2) in case of an emergency when the principal's instructions have not been effective in reducing the severity of the behavior that has caused the emergency. (b) A declaration for mental health treatment does not limit any authority provided by Chapter 573 or 574 , Health and Safety Code: (1) to take a person into custody; or (2) to admit or retain a person in a mental health treatment facility. (c) This section does not apply to the use of electroconvulsive treatment or other convulsive treatment.
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