1-1 By: Shapiro, Carona, Lucio S.B. No. 44
1-2 (In the Senate - Filed November 9, 1998; January 26, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 March 4, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 4, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 44 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to consent for substance abuse treatment of a minor.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 462.023, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 462.023. DISCHARGE OR RELEASE. (a) Except as provided
1-15 by Subsections (b) and (c) [Subsection (b)], a facility shall
1-16 release a voluntary patient within a reasonable time, not to exceed
1-17 96 hours, after the patient requests in writing to be released.
1-18 (b) A facility is not required to release the patient if
1-19 before the end of the 96-hour period:
1-20 (1) the patient files a written withdrawal of the
1-21 request;
1-22 (2) an application for court-ordered treatment or
1-23 emergency detention is filed and the patient is detained in
1-24 accordance with this chapter; or
1-25 (3) the patient is a minor admitted with the consent
1-26 of a [parent,] guardian[,] or conservator and that person, after
1-27 consulting with facility personnel, objects in writing to the
1-28 release of the minor.
1-29 (c) If the patient is a minor, a facility shall consult with
1-30 a parent of the patient on receipt of the written request for
1-31 release, if the parent was responsible for the admission of the
1-32 patient. The facility shall continue treatment of the patient as a
1-33 voluntary patient if a parent objects in writing to the release of
1-34 the patient and the parent signed a surrogate consent form on
1-35 behalf of the patient at the time of the patient's admission.
1-36 (d) Subsection (a) applies to a minor admitted under
1-37 Section 462.022 if the request for release is made in writing to
1-38 the facility by the person who requested the initial admission or
1-39 by the person who signed a surrogate consent form under Subsection
1-40 (c).
1-41 (e) [(d)] If extremely hazardous weather conditions exist or
1-42 a disaster occurs, the facility administrator may request the judge
1-43 of a court that has jurisdiction over proceedings brought under
1-44 Subchapter D to extend the period during which the person may be
1-45 detained. The judge or a magistrate appointed by the judge may by
1-46 written order made each day extend the period during which the
1-47 person may be detained until 4 p.m. on the first succeeding
1-48 business day. The written order must declare that an emergency
1-49 exists because of the weather or the occurrence of a disaster.
1-50 SECTION 2. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended,
1-55 and that this Act take effect and be in force from and after its
1-56 passage, and it is so enacted.
1-57 * * * * *