76R13207 JJT-D
By Shapiro, et al. S.B. No. 44
Substitute the following for S.B. No. 44:
By Glaze C.S.S.B. No. 44
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admission of minors to facilities for and to the
1-3 consent of minors to the treatment and rehabilitation of chemical
1-4 dependency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. This Act may be known as "JoJo's Law."
1-7 SECTION 2. Section 462.009(a), Health and Safety Code, is
1-8 amended to read as follows:
1-9 (a) A patient receiving treatment in a treatment facility is
1-10 entitled to refuse a medication, therapy, or treatment unless:
1-11 (1) the patient is younger than 18 [16] years of age,
1-12 the patient is admitted under Section 462.022(a)(3)(A), and the
1-13 patient's parent, managing conservator, or guardian consents to the
1-14 medication, therapy, or treatment on behalf of the patient;
1-15 (2) the patient has been adjudicated to be incompetent
1-16 to manage the patient's personal affairs or to make a decision to
1-17 refuse the medication, therapy, or treatment and the patient's
1-18 guardian of the person or another person legally authorized to
1-19 consent to medical treatment consents to the medication, therapy,
1-20 or treatment on behalf of the patient; or
1-21 (3) a physician treating the patient determines that
1-22 the medication is necessary to prevent imminent serious physical
1-23 harm to the patient or to another individual and the physician
1-24 issues a written order, or a verbal order if authenticated in
2-1 writing by the physician within 24 hours, to administer the
2-2 medication to the patient.
2-3 SECTION 3. Section 462.022, Health and Safety Code, is
2-4 amended by amending Subsections (a) and (c) and adding Subsection
2-5 (d) to read as follows:
2-6 (a) A facility may admit a minor for treatment and
2-7 rehabilitation if:
2-8 (1) the facility is:
2-9 (A) a treatment facility licensed by the
2-10 commission to provide the necessary services to minors;
2-11 (B) a facility licensed by the Texas Department
2-12 of Mental Health and Mental Retardation; or
2-13 (C) a facility operated by the Texas Department
2-14 of Mental Health and Mental Retardation which has been designated
2-15 by the commission to provide chemical dependency treatment;
2-16 (2) the admission is appropriate under the facility's
2-17 admission policies; and
2-18 (3) the admission is requested by:
2-19 (A) a parent, managing conservator, or guardian
2-20 of [if] the minor [is younger than 16 years of age]; or
2-21 (B) the minor, without parental consent, if the
2-22 minor is 16 years of age or older.
2-23 (c) A person or agency appointed as the guardian or a
2-24 managing conservator of a minor [younger than 16 years of age] and
2-25 acting as an employee or agent of the state or a political
2-26 subdivision of the state may request admission of the minor only
2-27 with the minor's consent.
3-1 (d) In this section, "minor" means an individual younger
3-2 than 18 years of age for whom the disabilities of minority have not
3-3 been removed.
3-4 SECTION 4. Section 462.023, Health and Safety Code, is
3-5 amended to read as follows:
3-6 Sec. 462.023. DISCHARGE OR RELEASE. (a) Except as provided
3-7 by Subsections (b) and (c) [Subsection (b)], a facility shall
3-8 release a voluntary patient within a reasonable time, not to
3-9 exceed 96 hours, after the patient requests in writing to be
3-10 released.
3-11 (b) A facility is not required to release the patient if
3-12 before the end of the 96-hour period:
3-13 (1) the patient files a written withdrawal of the
3-14 request;
3-15 (2) an application for court-ordered treatment or
3-16 emergency detention is filed and the patient is detained in
3-17 accordance with this chapter; or
3-18 (3) the patient is a minor admitted under Section
3-19 462.022(a)(3)(A) with the consent of a parent, guardian, or
3-20 conservator and that person, after consulting with facility
3-21 personnel, objects in writing to the release of the minor.
3-22 (c) If the patient is a minor admitted under Section
3-23 462.022(a)(3)(A), a facility shall consult with the person
3-24 described by Subsection (b)(3) on receipt of the written request
3-25 for release. If that person in writing objects to the release of
3-26 the patient, the facility shall continue treatment of the patient
3-27 as a voluntary patient.
4-1 (d) Subsection (a) applies to a minor admitted under
4-2 Section 462.022 if the request for release is made in writing to
4-3 the facility by the person who requested the initial admission.
4-4 (e) [(d)] If extremely hazardous weather conditions exist or
4-5 a disaster occurs, the facility administrator may request the judge
4-6 of a court that has jurisdiction over proceedings brought under
4-7 Subchapter D to extend the period during which the person may be
4-8 detained. The judge or a magistrate appointed by the judge may by
4-9 written order made each day extend the period during which the
4-10 person may be detained until 4 p.m. on the first succeeding
4-11 business day. The written order must declare that an emergency
4-12 exists because of the weather or the occurrence of a disaster.
4-13 SECTION 5. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended,
4-18 and that this Act take effect and be in force from and after its
4-19 passage, and it is so enacted.