HBA-MPM S.B. 22 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 22 By: Shapiro Public Health 5/4/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Current 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. Senate Bill 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. The bill also provides that if a child aged 16 or 17 files a request for release after just two weeks of residential treatment, a physician can detain the minor if the physician issues a written statement that release from the center would be detrimental to the patient or others. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 22 amends the Health and Safety Code to increase from 16 to 18 the age under which a patient is not entitled to refuse medication, therapy, or treatment if the patient is admitted by a treatment facility at the request of a parent, managing conservator, or guardian (parent) who consents to the treatment on the patient's behalf. The bill provides that a facility is not required to release a patient under the age of 16 before the end of 96-hours if the patient was admitted with the parent's consent and the parent subsequently objects in writing to the release of the minor. The bill 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 requests to be released in writing or, if the minor was admitted at the request of a parent, the parent requests the release in writing. However, a facility is not required to release the patient if the request is filed by the patient: _before the 15th day after the date of admission to the facility, or _on or after the 15th day after the admission date and within 96 hours following the request the patient files a written withdrawal of the request or an examining physician places in the patient's medical record a certificate of medical examination. The certificate must include a statement stating that the patient is chemically dependent and if released is likely to cause serious harm to the patient or to others or would otherwise suffer, experience mental or physical deterioration, and not be able to make a rational and informed decision as to whether to submit to treatment, and that there is no reasonable alternative to the treatment recommended by the physician. If a patient requests release on or after the 30th day after the patient's admission date, the facility is required to release the patient within 96 hours unless an application for court-ordered treatment or emergency detention is filed and the patient is detained. The bill authorizes the facility administrator to request the judge of a court with appropriate jurisdiction to extend the period during which a person may be detained if extremely hazardous weather conditions exist or a disaster occurs. The bill authorizes the judge or magistrate appointed by the judge to by written order made each day extend the period during which the person may be detained until 4 p.m. on the first succeeding business day. The bill specifies that the written order must declare that an emergency exists because of inclement weather or the occurrence of a disaster. EFFECTIVE DATE On passage or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. EXPLANATION OF AMENDMENTS Senate Bill Amendment No. 1 removes provisions regarding the release of a minor under the age of 16 and the release of a minor 16 or 17 years of age. The amendment requires a facility to consult with a parent on receipt of a written request for release by a minor and to continue treatment of the patient as a voluntary patient if the parent objects to the patient's release.