By Corte H.B. No. 2985
77R9219 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to admission to and discharge from facilities for
1-3 voluntary inpatient mental health services for persons younger than
1-4 18 years of age.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 572.001(a), (c), and (d), Health and
1-7 Safety Code, are amended to read as follows:
1-8 (a) A person 18 [16] years of age or older or a person
1-9 younger than 18 [16] years of age who is or has been married may
1-10 request admission to an inpatient mental health facility by filing
1-11 a request with the administrator of the facility to which admission
1-12 is requested. The parent, managing conservator, or guardian of a
1-13 person younger than 18 [16] years of age who is not and has not
1-14 been married may request the admission of the person to an
1-15 inpatient mental health facility by filing a request with the
1-16 administrator of the facility to which admission is requested.
1-17 (c) A person or agency appointed as the guardian or a
1-18 managing conservator of a person [minor] younger than 18 [16] years
1-19 of age and acting as an employee or agent of the state or a
1-20 political subdivision of the state may request admission of the
1-21 person younger than 18 years of age [minor] only with the person's
1-22 [minor's] consent.
1-23 (d) The administrator of an inpatient mental health facility
1-24 may admit a person [minor] who is 18 [16] years of age or older or
2-1 a person younger than 18 [16] years of age who is or has been
2-2 married to an inpatient mental health facility as a voluntary
2-3 patient without the consent of the parent, managing conservator, or
2-4 guardian.
2-5 SECTION 2. Section 572.002, Health and Safety Code, is
2-6 amended to read as follows:
2-7 Sec. 572.002. ADMISSION. The facility administrator or the
2-8 administrator's authorized, qualified designee may admit a person
2-9 for whom a proper request for voluntary inpatient services is filed
2-10 if the administrator or the designee determines:
2-11 (1) from a preliminary examination that the person has
2-12 symptoms of mental illness and will benefit from the inpatient
2-13 services;
2-14 (2) that the person has been informed of the person's
2-15 rights as a voluntary patient; and
2-16 (3) that the admission was voluntarily agreed to:
2-17 (A) by the person, if the person is:
2-18 (i) 18 [16] years of age or older; or
2-19 (ii) younger than 18 [16] years of age and
2-20 is or has been married; or
2-21 (B) by the person's parent, managing
2-22 conservator, or guardian, if the person is younger than 18 [16]
2-23 years of age and is not and has not been married.
2-24 SECTION 3. Section 572.004, Health and Safety Code, is
2-25 amended by adding Subsection (i) to read as follows:
2-26 (i) On receipt of a written request for discharge from a
2-27 patient admitted under Section 572.002(3)(B), a facility shall
3-1 consult with the patient's parent, managing conservator, or
3-2 guardian regarding the discharge. If the parent, managing
3-3 conservator, or guardian objects in writing to the patient's
3-4 discharge, the facility shall continue treatment of the patient as
3-5 a voluntary patient.
3-6 SECTION 4. This Act takes effect immediately if it receives
3-7 a vote of two-thirds of all the members elected to each house, as
3-8 provided by Section 39, Article III, Texas Constitution. If this
3-9 Act does not receive the vote necessary for immediate effect, this
3-10 Act takes effect September 1, 2001.