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.