SRC-JJJ, S.B. 44 76(R)BILL ANALYSIS


Senate Research CenterS.B. 44
76R1140 JJT-DBy: Shapiro
Health Services
3/3/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law allows minors between the ages of 16 and 18 to check
themselves into drug treatment facilities without the consent of their
parents.  Texas law, however, also allows a minor between the ages of 16
and 18 to check out of the treatment facility, regardless of whether a
parent admitted the child.  S.B. 44 would require a parent to be notified
of the release of a minor child when the parent checks the child into a
treatment facility. 

PURPOSE

As proposed, S.B. 44 establishes requirements regarding consent for
substance abuse treatment of a minor. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 462.023, Health and Safety Code, to require the
release of a voluntary patient except as provided by Subsections (b) and
(c).  Requires a drug treatment facility to consult a parent if the patient
is a minor and if the parent was responsible for the admission of the
patient, on receipt of the written request for release.  Requires the
facility to continue treatment of the patient as a voluntary patient,  if a
parent objects in writing to the release, and signed a surrogate consent
form at the time of the patient's admission.  Makes conforming changes. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 462.023(c), Health and Safety Code, to require a drug
treatment facility to consult with a parent, if the parent was responsible
for the admission of the patient.  Deletes text regarding the signing of a
surrogate consent form on behalf of the patient after the consultation.