By: Zaffirini S.B. No. 834
A BILL TO BE ENTITLED
AN ACT
1-1 relating to treatment of chemically dependent persons.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subdivision (10), Section 462.001, Health and
1-4 Safety Code, is amended to read as follows:
1-5 (10) "Treatment facility" means a public or private
1-6 hospital, a detoxification facility, a primary care facility, an
1-7 intensive care facility, a long-term care facility, an outpatient
1-8 care facility, a community mental health center, a health
1-9 maintenance organization, a recovery center, a halfway house, an
1-10 ambulatory care facility, another facility that is required to be
1-11 licensed and approved by the commission, <or> a facility licensed
1-12 <or operated> by the Texas Department of Mental Health and Mental
1-13 Retardation, or a facility operated by the Texas Department of
1-14 Mental Health and Mental Retardation which has been designated by
1-15 the commission to provide chemical dependency treatment. The term
1-16 does not include an educational program for intoxicated drivers or
1-17 the individual office of a private, licensed health care
1-18 practitioner who personally renders private individual or group
1-19 services within the scope of the practitioner's license and in the
1-20 practitioner's office.
1-21 SECTION 2. Section 462.021, Health and Safety Code, is
1-22 amended to read as follows:
1-23 Sec. 462.021. VOLUNTARY ADMISSION OF ADULT. A facility may
2-1 admit an adult who requests admission for emergency or nonemergency
2-2 treatment or rehabilitation if:
2-3 (1) the facility is:
2-4 (A) a treatment facility licensed by the
2-5 commission to provide the necessary services; <or>
2-6 (B) a facility licensed <or operated> by the
2-7 Texas Department of Mental Health and Mental Retardation; or
2-8 (C) a facility operated by the Texas Department
2-9 of Mental Health and Mental Retardation which has been designated
2-10 by the commission to provide chemical dependency treatment; and
2-11 (2) the admission is appropriate under the facility's
2-12 admission policies.
2-13 SECTION 3. Subsection (a), Section 462.022, Health and
2-14 Safety Code, is amended to read as follows:
2-15 (a) A facility may admit a minor for treatment and
2-16 rehabilitation if:
2-17 (1) the facility is:
2-18 (A) a treatment facility licensed by the
2-19 commission to provide the necessary services to minors; <or>
2-20 (B) a facility licensed <or operated> by the
2-21 Texas Department of Mental Health and Mental Retardation; or
2-22 (C) a facility operated by the Texas Department
2-23 of Mental Health and Mental Retardation which has been designated
2-24 by the commission to provide chemical dependency treatment;
2-25 (2) the admission is appropriate under the facility's
3-1 admission policies; and
3-2 (3) the admission is requested by:
3-3 (A) a parent or other person authorized to
3-4 consent to medical treatment of a minor under Section 35.01, Family
3-5 Code; or
3-6 (B) the minor, without parental consent, under
3-7 Section 35.03, Family Code.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.