1-1 AN ACT
1-2 relating to the admission of minors to facilities for and to the
1-3 consent of minors to the treatment and rehabilitation of chemical
1-4 dependency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. This Act may be known as "JoJo's Law."
1-7 SECTION 2. Subsection (a), Section 462.009, Health and
1-8 Safety Code, is amended to read as follows:
1-9 (a) A patient receiving treatment in a treatment facility is
1-10 entitled to refuse a medication, therapy, or treatment unless:
1-11 (1) the patient is younger than 18 [16] years of age,
1-12 the patient is admitted under Section 462.022(a)(3)(A), and the
1-13 patient's parent, managing conservator, or guardian consents to the
1-14 medication, therapy, or treatment on behalf of the patient;
1-15 (2) the patient has been adjudicated to be incompetent
1-16 to manage the patient's personal affairs or to make a decision to
1-17 refuse the medication, therapy, or treatment and the patient's
1-18 guardian of the person or another person legally authorized to
1-19 consent to medical treatment consents to the medication, therapy,
1-20 or treatment on behalf of the patient; or
1-21 (3) a physician treating the patient determines that
1-22 the medication is necessary to prevent imminent serious physical
1-23 harm to the patient or to another individual and the physician
1-24 issues a written order, or a verbal order if authenticated in
1-25 writing by the physician within 24 hours, to administer the
2-1 medication to the patient.
2-2 SECTION 3. Section 462.022, Health and Safety Code, is
2-3 amended by amending Subsections (a) and (c) and adding Subsection
2-4 (d) to read as follows:
2-5 (a) A facility may admit a minor for treatment and
2-6 rehabilitation if:
2-7 (1) the facility is:
2-8 (A) a treatment facility licensed by the
2-9 commission to provide the necessary services to minors; [or]
2-10 (B) a facility licensed by the Texas Department
2-11 of Mental Health and Mental Retardation; or
2-12 (C) a facility operated by the Texas Department
2-13 of Mental Health and Mental Retardation which has been designated
2-14 by the commission to provide chemical dependency treatment;
2-15 (2) the admission is appropriate under the facility's
2-16 admission policies; and
2-17 (3) the admission is requested by:
2-18 (A) a parent, managing conservator, or guardian
2-19 of [if] the minor [is younger than 16 years of age]; or
2-20 (B) the minor, without parental consent, if the
2-21 minor is 16 years of age or older.
2-22 (c) A person or agency appointed as the guardian or a
2-23 managing conservator of a minor [younger than 16 years of age] and
2-24 acting as an employee or agent of the state or a political
2-25 subdivision of the state may request admission of the minor only
2-26 with the minor's consent.
3-1 (d) In this section, "minor" means an individual younger
3-2 than 18 years of age for whom the disabilities of minority have not
3-3 been removed.
3-4 SECTION 4. Subsection (b), Section 462.023, Health and
3-5 Safety Code, is amended to read as follows:
3-6 (b) A facility is not required to release the patient if
3-7 before the end of the 96-hour period:
3-8 (1) the patient files a written withdrawal of the
3-9 request;
3-10 (2) an application for court-ordered treatment or
3-11 emergency detention is filed and the patient is detained in
3-12 accordance with this chapter; or
3-13 (3) the patient is a minor under the age of 16
3-14 admitted with the consent of a parent, guardian, or conservator and
3-15 that person, after consulting with facility personnel, objects in
3-16 writing to the release of the patient [minor].
3-17 SECTION 5. Subchapter B, Chapter 462, Health and Safety
3-18 Code, is amended by adding Section 462.0235 to read as follows:
3-19 Sec. 462.0235. DISCHARGE OR RELEASE OF MINOR 16 OR 17 YEARS
3-20 OF AGE. (a) Except as provided by this section, a facility shall
3-21 release a minor who is 16 or 17 years of age within a reasonable
3-22 time, not to exceed 96 hours, after:
3-23 (1) the minor requests in writing to be released; or
3-24 (2) for a minor admitted under Section
3-25 462.022(a)(3)(A), the minor's parent, managing conservator, or
3-26 guardian requests the release in writing.
4-1 (b) A facility is not required to release a minor who is 16
4-2 or 17 years of age within the period described by Subsection (a)
4-3 if:
4-4 (1) the request is filed with the facility by the
4-5 minor before the 15th day after the date of the minor's admission
4-6 to the facility; or
4-7 (2) the request is filed with the facility by the
4-8 minor on or after the 15th day after the minor's date of admission
4-9 to the facility and, not later than 96 hours after the request is
4-10 filed:
4-11 (A) the minor files with the facility a written
4-12 withdrawal of the minor's request; or
4-13 (B) an examining physician places in the minor's
4-14 medical record a certificate of medical examination described by
4-15 Subsection (c).
4-16 (c) The certificate of medical examination placed in a
4-17 minor's medical record under Subsection (b)(2)(B) must include:
4-18 (1) the name and address of the examining physician;
4-19 (2) the name and address of the examined minor;
4-20 (3) the date and place of the examination;
4-21 (4) a brief diagnosis of the examined minor's physical
4-22 and mental condition;
4-23 (5) the period, if any, during which the examined
4-24 minor has been under the care of the examining physician;
4-25 (6) an accurate description of the chemical dependency
4-26 treatment, if any, administered to the examined minor by or under
5-1 the direction of the examining physician; and
5-2 (7) the examining physician's opinion that:
5-3 (A) the examined minor is chemically dependent;
5-4 (B) there is no reasonable alternative to the
5-5 treatment the physician recommends for the examined minor; and
5-6 (C) as a result of the examined minor's chemical
5-7 dependency, the minor, if released, is likely to cause serious harm
5-8 to the minor or others or:
5-9 (i) would suffer severe and abnormal
5-10 mental, emotional, or physical distress;
5-11 (ii) would experience a substantial mental
5-12 or physical deterioration of the minor's ability to function
5-13 independently that would be manifested by the minor's inability,
5-14 for reasons other than indigence, to provide for the minor's basic
5-15 needs, including food, clothing, health, and safety; and
5-16 (iii) would not be able to make a rational
5-17 and informed decision as to whether to submit to treatment.
5-18 (d) A facility shall release a minor whose release was
5-19 postponed under Subsection (b)(2)(B) on the 15th day after the date
5-20 of the most recent examination for which a certificate described by
5-21 Subsection (c) is performed unless the physician conducts an
5-22 additional examination of the minor and places another certificate
5-23 of examination described by Subsection (c) in the minor's medical
5-24 record.
5-25 (e) If a minor who is 16 or 17 years of age requests to be
5-26 released from a facility on or after the 60th day after the date of
6-1 the minor's admission to the facility, the facility shall release
6-2 the minor within a reasonable time, not to exceed 96 hours, unless:
6-3 (1) an application for court-ordered treatment of the
6-4 minor or for emergency detention of the minor is filed; and
6-5 (2) the minor is detained in accordance with this
6-6 chapter.
6-7 (f) If extremely hazardous weather conditions exist or a
6-8 disaster occurs, the facility administrator may request the judge
6-9 of a court that has jurisdiction over proceedings brought under
6-10 Subchapter D to extend the period during which a minor may be
6-11 detained under this section. The judge or a magistrate appointed
6-12 by the judge may, by written order made each day, extend the period
6-13 during which the minor may be detained until 4 p.m. on the first
6-14 succeeding business day. The written order must declare that an
6-15 emergency exists because of the weather or the occurrence of a
6-16 disaster.
6-17 SECTION 6. This Act takes effect immediately if it receives
6-18 a vote of two-thirds of all the members elected to each house, as
6-19 provided by Section 39, Article III, Texas Constitution. If this
6-20 Act does not receive the vote necessary for immediate effect, this
6-21 Act takes effect September 1, 2001.
S.B. No. 22
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 22 passed the Senate on
March 13, 2001, by the following vote: Yeas 30, Nays 0, one
present not voting; May 17, 2001, Senate refused to concur in House
amendment and requested appointment of Conference Committee;
May 21, 2001, House granted request of the Senate; May 26, 2001,
Senate adopted Conference Committee Report by the following vote:
Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 22 passed the House, with
amendment, on May 11, 2001, by the following vote: Yeas 135,
Nays 0, one present not voting; May 21, 2001, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2001, House adopted Conference Committee Report by the
following vote: Yeas 141, Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor