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


Senate Research CenterC.S.S.B. 22
2001S0730/1By: Shapiro
Health & Human Services
3/6/2001
Committee Report (Substituted)


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.  C.S.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.  C.S.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 requests in
writing to be released or, if the minor is admitted under Section 462.022,
the minor's parent requests the release in writing, except as provided by
certain subsections within this section.   

(b)  Provides that a facility is not required to release the patient under
certain circumstances.   

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

 (d)  Requires the facility to release the patient within a 96-hour period
unless an application for court-ordered treatment or emergency detention is
filed and the patient is detained in accordance with this chapter if, on or
after the 30th day after the date of admission to the facility, a patient
requests to be released.   

(e)  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 person 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 person may 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  No change.

SECTION 2.  No change.

SECTION 3.  No change.

SECTION 4.  Deletes proposed SECTION 4 and replaces it with text regarding
the discharge or release of a patient. 

SECTION 5.  Adds a new SECTION 5 that explicitly addresses discharge or
release of a minor age 16 or 17. 

SECTION 6.  Renumbers proposed SECTION 5 as SECTION 6.