By: Shapiro, Wentworth, West S.B. No. 22
A BILL TO BE ENTITLED
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 A MINOR 16 OR 17
3-20 YEARS OF AGE. (a) Except as provided by Subsections (b) and (d),
3-21 a facility shall release a minor 16 or 17 years of age within a
3-22 reasonable time, not to exceed 96 hours, after the minor requests
3-23 in writing to be released or, if the minor is admitted under
3-24 Section 462.022(a)(3)(A), the minor's parent requests the release
3-25 in writing.
3-26 (b) A facility is not required to release the patient if:
4-1 (1) the request is filed by the patient before the
4-2 15th day after the date of admission to the facility; or
4-3 (2) the request is filed by the patient on or after
4-4 the 15th day after the date of admission and, within 96 hours
4-5 following the request:
4-6 (A) the patient files a written withdrawal of
4-7 the request; or
4-8 (B) an examining physician places in the
4-9 patient's medical record a certificate of medical examination
4-10 described under Subsection (c).
4-11 (c) The certificate of medical examination placed in a
4-12 patient's medical record under Subsection (b)(2)(B) must include:
4-13 (1) the name and address of the examining physician;
4-14 (2) the name and address of the patient examined;
4-15 (3) the date and place of the examination;
4-16 (4) a brief diagnosis of the examined patient's
4-17 physical and mental condition;
4-18 (5) the period, if any, during which the examined
4-19 patient has been under the care of the examining physician;
4-20 (6) an accurate description of the chemical dependency
4-21 treatment, if any, given by or administered under the direction of
4-22 the examining physician; and
4-23 (7) the examining physician's opinion that:
4-24 (A) the examined patient is chemically
4-25 dependent;
4-26 (B) as a result of that dependency, the examined
5-1 patient, if released, is likely to cause serious harm to the
5-2 patient or to others or:
5-3 (i) would suffer severe and abnormal
5-4 mental, emotional, or physical distress;
5-5 (ii) would experience substantial mental
5-6 or physical deterioration of the patient's ability to function
5-7 independently, which would be manifested by the patient's
5-8 inability, except for reasons of indigence, to provide for the
5-9 patient's basic needs, including food, clothing, health, or safety;
5-10 and
5-11 (iii) would not be able to make a rational
5-12 and informed decision as to whether to submit to treatment; and
5-13 (C) there is no reasonable alternative to the
5-14 treatment recommended by the physician.
5-15 (d) If, on or after the 30th day after the date of admission
5-16 to the facility, a patient requests to be released, a facility
5-17 shall release the patient within a 96-hour period unless an
5-18 application for court-ordered treatment or emergency detention is
5-19 filed and the patient is detained in accordance with this chapter.
5-20 (e) If extremely hazardous weather conditions exist or a
5-21 disaster occurs, the facility administrator may request the judge
5-22 of a court that has jurisdiction over proceedings brought under
5-23 Subchapter D to extend the period during which the person may be
5-24 detained. The judge or a magistrate appointed by the judge may by
5-25 written order made each day extend the period during which the
5-26 person may be detained until 4 p.m. on the first succeeding
6-1 business day. The written order must declare that an emergency
6-2 exists because of the weather or the occurrence of a disaster.
6-3 SECTION 6. This Act takes effect immediately if it receives
6-4 a vote of two-thirds of all the members elected to each house, as
6-5 provided by Section 39, Article III, Texas Constitution. If this
6-6 Act does not receive the vote necessary for immediate effect, this
6-7 Act takes effect September 1, 2001.
6-8 COMMITTEE AMENDMENT NO. 1
6-9 Amend S.B. No. 22 as follows:
6-10 (1) Strike Sections 4 and 5 of the bill (Senate engrossment,
6-11 page 3, line 4, through page 6, line 2) and substitute:
6-12 SECTION 4. Section 462.023, Health and Safety Code, is
6-13 amended to read as follows:
6-14 Sec. 462.023. DISCHARGE OR RELEASE. (a) Except as provided
6-15 by Subsections (b) and (c) [Subsection (b)], a facility shall
6-16 release a voluntary patient within a reasonable time, not to exceed
6-17 96 hours, after the patient requests in writing to be released.
6-18 (b) A facility is not required to release the patient if
6-19 before the end of the 96-hour period:
6-20 (1) the patient files a written withdrawal of the
6-21 request;
6-22 (2) an application for court-ordered treatment or
6-23 emergency detention is filed and the patient is detained in
6-24 accordance with this chapter; or
6-25 (3) the patient is a minor admitted under Section
6-26 462.022(a)(3)(A) with the consent of a parent, guardian, or
7-1 conservator and that person, after consulting with facility
7-2 personnel, objects in writing to the release of the minor.
7-3 (c) If the patient is a minor admitted under Section
7-4 462.022(a)(3)(A), a facility shall consult with the person
7-5 described by Subsection (b)(3) on receipt of the written request
7-6 for release. If that person in writing objects to the release of
7-7 the patient, the facility shall continue treatment of the patient
7-8 as a voluntary patient.
7-9 (d) Subsection (a) applies to a minor admitted under
7-10 Section 462.022 if the request for release is made in writing to
7-11 the facility by the person who requested the initial admission.
7-12 (e) [(d)] If extremely hazardous weather conditions exist or
7-13 a disaster occurs, the facility administrator may request the judge
7-14 of a court that has jurisdiction over proceedings brought under
7-15 Subchapter D to extend the period during which the person may be
7-16 detained. The judge or a magistrate appointed by the judge may by
7-17 written order made each day extend the period during which the
7-18 person may be detained until 4 p.m. on the first succeeding
7-19 business day. The written order must declare that an emergency
7-20 exists because of the weather or the occurrence of a disaster.
7-21 (2) Renumber Section 6 of the bill accordingly.
7-22 77R11778 JJT-D Glaze