By Smith                                              H.B. No. 3145
         76R5416 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the voluntary admission and consent of minors for the
 1-3     treatment and rehabilitation of chemical dependency.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 462.009(a), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (a)  A patient receiving treatment in a treatment facility is
 1-8     entitled to refuse a medication, therapy, or treatment unless:
 1-9                 (1)  the patient is younger than 18 [16] years of age
1-10     and the patient's parent, managing conservator, or guardian
1-11     consents to the medication, therapy, or treatment on behalf of the
1-12     patient;
1-13                 (2)  the patient has been adjudicated to be incompetent
1-14     to manage the patient's personal affairs or to make a decision to
1-15     refuse the medication, therapy, or treatment and the patient's
1-16     guardian of the person or another person legally authorized to
1-17     consent to medical treatment consents to the medication, therapy,
1-18     or treatment on behalf of the patient; or
1-19                 (3)  a physician treating the patient determines that
1-20     the medication is necessary to prevent imminent serious physical
1-21     harm to the patient or to another individual and the physician
1-22     issues a written order, or a verbal order if authenticated in
1-23     writing by the physician within 24 hours, to administer the
1-24     medication to the patient.
 2-1           SECTION 2.  Section 462.022, Health and Safety Code, is
 2-2     amended by amending Subsections (a) and (c) and adding Subsection
 2-3     (d) to read as follows:
 2-4           (a)  A facility may admit a minor for treatment and
 2-5     rehabilitation if:
 2-6                 (1)  the facility is:
 2-7                       (A)  a treatment facility licensed by the
 2-8     commission to provide the necessary services to minors; [or]
 2-9                       (B)  a facility licensed by the Texas Department
2-10     of Mental Health and Mental Retardation; or
2-11                       (C)  a facility operated by the Texas Department
2-12     of Mental Health and Mental Retardation which has been designated
2-13     by the commission to provide chemical dependency treatment;
2-14                 (2)  the admission is appropriate under the facility's
2-15     admission policies; and
2-16                 (3)  the admission is requested by[:]
2-17                       [(A)]  a parent, managing conservator, or
2-18     guardian of [if] the minor [is younger than 16 years of age; or]
2-19                       [(B)  the minor, without parental consent, if the
2-20     minor is 16 years of age or older].
2-21           (c)  A person or agency appointed as the guardian or a
2-22     managing conservator of a minor [younger than 16 years of age] and
2-23     acting as an employee or agent of the state or a political
2-24     subdivision of the state may request admission of the minor only
2-25     with the minor's consent.
2-26           (d)  In this section, "minor" means an individual younger
2-27     than 18 years of age.
 3-1           SECTION 3.  This Act takes effect September 1, 1999.
 3-2           SECTION 4.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended.