By Maxey H.B. No. 456
74R2236 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of certain minors to consent to health care
1-3 services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 35.01, Family Code, is amended by
1-6 amending Subsection (a) and by adding Subsection (d) to read as
1-7 follows:
1-8 (a) Any of the following persons may consent to medical
1-9 treatment of a minor when the person having the power to consent as
1-10 otherwise provided by law cannot be contacted and actual notice to
1-11 the contrary has not been given by that person:
1-12 (1) a grandparent;
1-13 (2) an adult brother or sister;
1-14 (3) an adult aunt or uncle;
1-15 (4) an educational institution in which the minor is
1-16 enrolled that has received written authorization to consent from
1-17 the person having the power to consent as otherwise provided by
1-18 law;
1-19 (5) any adult who has care and control of the minor
1-20 and has written authorization to consent from the person having the
1-21 power to consent as otherwise provided by law;
1-22 (6) any court having jurisdiction of the child; <or>
1-23 (7) any adult responsible for the care and control of
1-24 a minor under the jurisdiction of a juvenile court or committed by
2-1 a juvenile court to the care of an agency of the state or county,
2-2 if the adult has reasonable grounds to believe the minor is in need
2-3 of immediate medical treatment; or
2-4 (8) a peace officer responsible for the care and
2-5 control of a minor, if the peace officer has reasonable grounds to
2-6 believe the minor is in need of immediate medical treatment<. The
2-7 person giving consent, a physician or dentist licensed to practice
2-8 medicine or dentistry in this state, or a hospital or medical
2-9 facility shall not be liable for the examination and treatment of a
2-10 minor under this subsection except for his or her own acts of
2-11 negligence>.
2-12 (d) A person giving consent to medical treatment under
2-13 Subsection (a), a physician or dentist licensed to practice in this
2-14 state, or a hospital or medical facility at which a minor is
2-15 treated are immune from liability for damages resulting from the
2-16 examination or treatment of a minor under this section, except to
2-17 the extent of the person's own acts of negligence.
2-18 SECTION 2. Section 35.03(a), Family Code, is amended to read
2-19 as follows:
2-20 (a) A minor may consent to the furnishing of hospital,
2-21 medical, surgical, and dental care by a licensed physician or
2-22 dentist if the minor:
2-23 (1) is on active duty with the armed services of the
2-24 United States of America;
2-25 (2) is 16 years of age or older and resides separate
2-26 and apart from his parents, managing conservator, or guardian,
2-27 whether with or without the consent of the parents, managing
3-1 conservator, or guardian and regardless of the duration of such
3-2 residence, and is managing his own financial affairs, regardless of
3-3 the source of the income;
3-4 (3) consents to the diagnosis and treatment of any
3-5 infectious, contagious or communicable disease which is required by
3-6 law or regulation adopted pursuant to law to be reported by the
3-7 licensed physician or dentist to a local health officer or the
3-8 Texas Department of Health and including all sexually transmitted
3-9 diseases;
3-10 (4) is unmarried and pregnant, and consents to
3-11 hospital, medical, or surgical treatment, other than abortion,
3-12 related to her pregnancy; <or>
3-13 (5) consents to examination and treatment for chemical
3-14 addiction, chemical dependency, or any other condition directly
3-15 related to chemical use; or
3-16 (6) is unmarried and has actual custody of the minor's
3-17 biological child and consents to hospital, medical, or surgical
3-18 treatment, other than abortion.
3-19 SECTION 3. Section 35.05, Family Code, is amended by
3-20 amending Subsection (b) and adding Subsection (c) to read as
3-21 follows:
3-22 (b) An emergency shelter facility may provide shelter or
3-23 care authorized under Subsection (a) only during an emergency
3-24 constituting an immediate danger to the physical health or safety
3-25 of the minor mother or her child or children. Except as provided
3-26 by Subsection (c), the <Such> shelter or care may not extend beyond
3-27 15 days unless the facility receives consent to continue services
4-1 from a parent or guardian of the minor mother or the minor mother
4-2 has qualified for Aid to Families with Dependent Children under
4-3 Chapter 31, Human Resources Code, and her name is on the waiting
4-4 list for housing assistance.
4-5 (c) A minor who is older than 16 years of age may receive
4-6 shelter or care under this section for a period that extends beyond
4-7 the 15-day period established by Subsection (b).
4-8 SECTION 4. This Act takes effect September 1, 1995.
4-9 SECTION 5. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.