In Texas, who may access a patient’s psychiatric advance directive?

In Texas, a patient's psychiatric advance directive can be accessed by healthcare professionals when the patient is incapacitated. This legal document allows individuals to outline their preferences for mental health treatment in advance, specifically in scenarios where they may be unable to communicate their wishes due to mental incapacity.

When a healthcare professional assesses a patient's capacity, if the patient is deemed unable to make informed decisions regarding their treatment, the psychiatric advance directive serves as a critical tool that guides the healthcare provider in making treatment decisions that align with the patient's previously expressed wishes. This demonstrates the importance of respecting patient autonomy, even when they are unable to actively participate in their healthcare.

Access by family members, insurance companies, or law enforcement is not typically permitted under the specific provisions governing psychiatric advance directives, reinforcing the focus on patient privacy and the intent of such directives to prioritize the patient's voice in mental health care, particularly during vulnerable moments.