HBA-NMO C.S.S.B. 44 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 44 By: Shapiro Public Health 4/24/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law allows minors between the ages of 16 and 18 to check themselves into a chemical dependency treatment facility (facility) without the consent of their parents. The law, however, also allows a minor between the ages of 16 and 18 to check out of the facility, regardless of whether a parent admitted the child. C.S.S.B. 44 defines "minor" as an individual younger than 18 years of age for whom the disabilities of a minor have not been removed. This bill requires a facility to consult with a minor patient's parent, conservator, or guardian, if that person requested the patient's admission, on receipt of written request for the patient's release. This bill further requires the facility, if the parent, consultant, or guardian objects in writing to the release of the patient, to continue treatment. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Authorizes that this Act be known as "JoJo's Law." SECTION 2. Amends Section 462.009, Health and Safety Code, to provide that a patient of a chemical dependency treatment facility (facility) is not entitled to refuse medication, therapy, or treatment if the patient is admitted under Section 462.022(a)(3)(A); is, in addition, younger than 18, rather than 16, years of age; and whose parent, managing conservator, or guardian consents to medication, therapy, or treatment on the patient's behalf. SECTION 3. Amends Section 462.022, Health and Safety Code, by amending Subsections (a) and (c) and adding Subsection (d), as follows: (a) Makes conforming changes yielding a Subsection (a)(3)(A) that authorizes a facility to admit a minor for treatment and rehabilitation if the admission is requested by a parent, managing conservator, or guardian of the minor. (c) Makes a conforming change. (d) Defines "minor," for this section as an individual younger than 18 years of age for whom the disabilities of minority have not been removed. SECTION 4. Amends Section 462.023, Health and Safety Code, to require a facility, if a patient is a minor admitted under Section 462.022(a)(3)(A), to consult with the parent, guardian, or conservator on receipt of a written request for release. Requires the facility to continue treatment of the patient if that person objects in writing to the release. Makes conforming changes. SECTION 5. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The caption reflects the changes made in the substitute. The substitute adds a new SECTIONS 1-3. For a complete analysis of these new sections please see the Section-by-Section Analysis portion of this document. The substitute redesignates SECTION 1 of the original (Section 462.023, Health and Safety Code) as SECTION 4. The substitute modifies this section by making changes conforming to the changes made in SECTIONS 2 and 3 of the substitute. The substitute redesignates SECTION 2 (emergency clause) of the original as SECTION 5.