By McClendon H.B. No. 333
77R903 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the voluntary admission of minors for the treatment and
1-3 rehabilitation of chemical dependency and a minor's right to refuse
1-4 related medication, therapy, or treatment.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 462.001, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 462.001. DEFINITIONS. In this chapter:
1-9 (1) "Applicant" means a person who files an
1-10 application for emergency detention, protective custody, or
1-11 commitment of a chemically dependent person.
1-12 (2) "Certificate" means a sworn certificate of medical
1-13 examination for chemical dependency executed under this chapter.
1-14 (3) "Chemical dependency" means:
1-15 (A) the abuse of alcohol or a controlled
1-16 substance;
1-17 (B) psychological or physical dependence on
1-18 alcohol or a controlled substance; or
1-19 (C) addiction to alcohol or a controlled
1-20 substance.
1-21 (4) "Commission" means the Texas Commission on Alcohol
1-22 and Drug Abuse.
1-23 (5) "Controlled substance" means a:
1-24 (A) toxic inhalant; or
2-1 (B) substance designated as a controlled
2-2 substance by Chapter 481 (Texas Controlled Substances Act).
2-3 (6) "Legal holiday" means a state holiday listed in
2-4 Section 662.021, Government Code, or an officially declared county
2-5 holiday applicable to a court in which proceedings under this
2-6 chapter are held.
2-7 (7) "Minor" means an individual younger than 18 years
2-8 of age.
2-9 (8) "Proposed patient" means a person named in an
2-10 application for emergency detention, protective custody, or
2-11 commitment under this chapter.
2-12 (9) [(8)] "Toxic inhalant" means a gaseous substance
2-13 that is inhaled by a person to produce a desired physical or
2-14 psychological effect and that may cause personal injury or illness
2-15 to the inhaler.
2-16 (10) [(9)] "Treatment" means the initiation and
2-17 promotion of a person's chemical-free status or the maintenance of
2-18 a person free of illegal drugs.
2-19 (11) [(10)] "Treatment facility" means a public or
2-20 private hospital, a detoxification facility, a primary care
2-21 facility, an intensive care facility, a long-term care facility, an
2-22 outpatient care facility, a community mental health center, a
2-23 health maintenance organization, a recovery center, a halfway
2-24 house, an ambulatory care facility, another facility that is
2-25 required to be licensed and approved by the commission, a facility
2-26 licensed by the Texas Department of Mental Health and Mental
2-27 Retardation, or a facility operated by the Texas Department of
3-1 Mental Health and Mental Retardation which has been designated by
3-2 the commission to provide chemical dependency treatment. The term
3-3 does not include an educational program for intoxicated drivers or
3-4 the individual office of a private, licensed health care
3-5 practitioner who personally renders private individual or group
3-6 services within the scope of the practitioner's license and in the
3-7 practitioner's office.
3-8 SECTION 2. Section 462.009(a), Health and Safety Code, is
3-9 amended to read as follows:
3-10 (a) A patient receiving treatment in a treatment facility is
3-11 entitled to refuse a medication, therapy, or treatment unless:
3-12 (1) the patient is a minor admitted under Section
3-13 462.022(a)(3)(A) [younger than 16 years of age] and the patient's
3-14 parent, managing conservator, or guardian consents to the
3-15 medication, therapy, or treatment on behalf of the patient;
3-16 (2) the patient has been adjudicated to be incompetent
3-17 to manage the patient's personal affairs or to make a decision to
3-18 refuse the medication, therapy, or treatment and the patient's
3-19 guardian of the person or another person legally authorized to
3-20 consent to medical treatment consents to the medication, therapy,
3-21 or treatment on behalf of the patient; or
3-22 (3) a physician treating the patient determines that
3-23 the medication is necessary to prevent imminent serious physical
3-24 harm to the patient or to another individual and the physician
3-25 issues a written order, or a verbal order if authenticated in
3-26 writing by the physician within 24 hours, to administer the
3-27 medication to the patient.
4-1 SECTION 3. Sections 462.022(a) and (c), Health and Safety
4-2 Code, are amended to read as follows:
4-3 (a) A facility may admit a minor for treatment and
4-4 rehabilitation if:
4-5 (1) the facility is:
4-6 (A) a treatment facility licensed by the
4-7 commission to provide the necessary services to minors; or
4-8 (B) a facility licensed by the Texas Department
4-9 of Mental Health and Mental Retardation; or
4-10 (C) a facility operated by the Texas Department
4-11 of Mental Health and Mental Retardation which has been designated
4-12 by the commission to provide chemical dependency treatment;
4-13 (2) the admission is appropriate under the facility's
4-14 admission policies; and
4-15 (3) the admission is requested by:
4-16 (A) a parent, managing conservator, or guardian
4-17 of [if] the minor [is younger than 16 years of age]; or
4-18 (B) the minor, without parental consent, if the
4-19 minor is 16 years of age or older.
4-20 (c) A person or agency appointed as the guardian or a
4-21 managing conservator of a minor [younger than 16 years of age] and
4-22 acting as an employee or agent of the state or a political
4-23 subdivision of the state may request admission of the minor only
4-24 with the minor's consent.
4-25 SECTION 4. This Act takes effect September 1, 2001.