SRC-BWC S.B. 22 77(R)BILL ANALYSIS


Senate Research CenterS.B. 22
By: Shapiro
Health & Human Services
6/18/2001
Enrolled


DIGEST AND PURPOSE 

Currently, Texas law allows minors over the age of 16 who are placed in
alcohol and drug rehabilitation centers by a parent or guardian to check
themselves out of treatment without parental notice or consent.  S.B. 22
prohibits minors under the age of 18 from refusing drug or alcohol
treatment when a parent or guardian is responsible for placing the minor in
treatment, and requires  the consultation and consent of a parent or
guardian prior to the release of a minor under the age of 16 from a
treatment center.  S.B. 22 also provides for a safeguard in the inpatient
treatment of the chemical dependency of minors 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Authorizes this Act to be known as "JoJo's Law."

SECTION 2.  Amends Section 462.009(a), Health and Safety Code, to prohibit
a patient who is younger than 18, rather than 16, and is admitted to a drug
or alcohol treatment center under Section 462.022(a) (3) (A), from refusing
treatment. 

SECTION 3.  Amends Section 462.022, Health and Safety Code, by defining
"minor" for this section. Makes conforming changes. 

SECTION 4.  Amends Section 462.023(b), Health and Safety Code, to provide
that a facility is not required to release the patient if before the end of
the 96-hour period, the patient is a minor under the age of 16 admitted
with the consent of a parent, guardian, or conservator and that person,
after consulting with facility personnel, objects in writing to the release
of the patient, rather than minor.   

SECTION 5.  Amends Chapter 462B, Health and Safety Code, by adding Section
462.0235, as follows: 

Sec. 462.0235.  DISCHARGE OR RELEASE OF A MINOR 16 OR 17 YEARS OF AGE. (a)
Requires a facility to release a minor 16 or 17 years of age within a
reasonable time, not to exceed 96 hours, after the minor, managing
conservator, or guardian requests in writing to be released or, if the
minor is admitted under Section 462.022, the minor's parent, managing
conservator, or guardian requests the release in writing, except as
provided by certain subsections within this section.  

 (b)  Provides that a facility is not required to release a minor who is 16
or 17 years of age within the period described by Subsection (a) if certain
circumstances exist.    

 (c)  Requires the certificate of medical examination placed in a patient's
medical record  under Subsection (b) to include certain information. 

 (d)  Requires a facility to release a minor whose release was postponed
under Subsection (b) on the 15th day after the date of the most recent
examination for which a certificate described by Subsection (c) is
performed unless the physician conducts an additional examination of the
minor and places another certificate of examination described by Subsection
(c) in the minor's medical record.   
 
 (e)  Requires the facility, if a minor who is 16 or 17 years of age
requests to be released from a facility on or after the 60th day after the
date of the minor's admission to the facility, to release the minor within
a reasonable time, not to exceed 96 hours, except under certain conditions. 

 (f)  Authorizes the facility administrator in cases of extreme weather or
disaster, to request the judge of a court that has jurisdiction over
proceedings brought under Subchapter D to extend the period during which
the minor may be detained. Authorizes the judge or a magistrate appointed
by the judge to by written order made each day, extend the period during
which the minor authorized to be detained until 4 p.m. on the first
succeeding business day.  Requires the written order to declare that an
emergency exists because of the weather or the occurrence of a disaster. 

SECTION 6.  Effective date:  upon passage or September 1, 2001.