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