1-1     By:  Shapiro, Wentworth                                 S.B. No. 22
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; March 6, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     March 6, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 22                  By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the admission of minors to facilities for and to the
1-11     consent of minors to the treatment and rehabilitation of chemical
1-12     dependency.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  This Act may be known as "JoJo's Law."
1-15           SECTION 2.  Subsection (a), Section 462.009, Health and
1-16     Safety Code, is amended to read as follows:
1-17           (a)  A patient receiving treatment in a treatment facility is
1-18     entitled to refuse a medication, therapy, or treatment unless:
1-19                 (1)  the patient is younger than 18 [16] years of age,
1-20     the patient is admitted under Section 462.022(a)(3)(A), and the
1-21     patient's parent, managing conservator, or guardian consents to the
1-22     medication, therapy, or treatment on behalf of the patient;
1-23                 (2)  the patient has been adjudicated to be incompetent
1-24     to manage the patient's personal affairs or to make a decision to
1-25     refuse the medication, therapy, or treatment and the patient's
1-26     guardian of the person or another person legally authorized to
1-27     consent to medical treatment consents to the medication, therapy,
1-28     or treatment on behalf of the patient; or
1-29                 (3)  a physician treating the patient determines that
1-30     the medication is necessary to prevent imminent serious physical
1-31     harm to the patient or to another individual and the physician
1-32     issues a written order, or a verbal order if authenticated in
1-33     writing by the physician within 24 hours, to administer the
1-34     medication to the patient.
1-35           SECTION 3.  Section 462.022, Health and Safety Code, is
1-36     amended by amending Subsections (a) and (c) and adding Subsection
1-37     (d) to read as follows:
1-38           (a)  A facility may admit a minor for treatment and
1-39     rehabilitation if:
1-40                 (1)  the facility is:
1-41                       (A)  a treatment facility licensed by the
1-42     commission to provide the necessary services to minors; [or]
1-43                       (B)  a facility licensed by the Texas Department
1-44     of Mental Health and Mental Retardation; or
1-45                       (C)  a facility operated by the Texas Department
1-46     of Mental Health and Mental Retardation which has been designated
1-47     by the commission to provide chemical dependency treatment;
1-48                 (2)  the admission is appropriate under the facility's
1-49     admission policies; and
1-50                 (3)  the admission is requested by:
1-51                       (A)  a parent, managing conservator, or guardian
1-52     of [if] the minor [is younger than 16 years of age]; or
1-53                       (B)  the minor, without parental consent, if the
1-54     minor is 16 years of age or older.
1-55           (c)  A person or agency appointed as the guardian or a
1-56     managing conservator of a minor [younger than 16 years of age] and
1-57     acting as an employee or agent of the state or a political
1-58     subdivision of the state may request admission of the minor only
1-59     with the minor's consent.
1-60           (d)  In this section, "minor" means an individual younger
1-61     than 18 years of age for whom the disabilities of minority have not
1-62     been removed.
1-63           SECTION 4.  Subsection (b), Section 462.023, Health and
1-64     Safety Code, is amended to read as follows:
 2-1           (b)  A facility is not required to release the patient if
 2-2     before the end of the 96-hour period:
 2-3                 (1)  the patient files a written withdrawal of the
 2-4     request;
 2-5                 (2)  an application for court-ordered treatment or
 2-6     emergency detention is filed and the patient is detained in
 2-7     accordance with this chapter; or
 2-8                 (3)  the patient is a minor under the age of 16
 2-9     admitted with the consent of a parent, guardian, or conservator and
2-10     that person, after consulting with facility personnel, objects in
2-11     writing to the release of the patient [minor].
2-12           SECTION 5.  Subchapter B, Chapter 462, Health and Safety
2-13     Code, is amended by adding Section 462.0235 to read as follows:
2-14           Sec. 462.0235.  DISCHARGE OR RELEASE OF A MINOR 16 OR 17
2-15     YEARS OF AGE.  (a)  Except as provided by Subsections (b) and (d),
2-16     a facility shall release a minor 16 or 17 years of age within a
2-17     reasonable time, not to exceed 96 hours, after the minor requests
2-18     in writing to be released or, if the minor is admitted under
2-19     Section 462.022(a)(3)(A), the minor's parent requests the release
2-20     in writing.
2-21           (b)  A facility is not required to release the patient if:
2-22                 (1)  the request is filed by the patient before the
2-23     15th day after the date of admission to the facility; or
2-24                 (2)  the request is filed by the patient on or after
2-25     the 15th day after the date of admission and, within 96 hours
2-26     following the request:
2-27                       (A)  the patient files a written withdrawal of
2-28     the request; or
2-29                       (B)  an examining physician places in the
2-30     patient's medical record a certificate of medical examination
2-31     described under Subsection (c).
2-32           (c)  The certificate of medical examination placed in a
2-33     patient's medical record under Subsection (b)(2)(B) must include:
2-34                 (1)  the name and address of the examining physician;
2-35                 (2)  the name and address of the patient examined;
2-36                 (3)  the date and place of the examination;
2-37                 (4)  a brief diagnosis of the examined patient's
2-38     physical and mental condition;
2-39                 (5)  the period, if any, during which the examined
2-40     patient has been under the care of the examining physician;
2-41                 (6)  an accurate description of the chemical dependency
2-42     treatment, if any, given by or administered under the direction of
2-43     the examining physician; and
2-44                 (7)  the examining physician's opinion that:
2-45                       (A)  the examined patient is chemically
2-46     dependent;
2-47                       (B)  as a result of that dependency, the examined
2-48     patient, if released, is likely to cause serious harm to the
2-49     patient or to others or:
2-50                             (i)  would suffer severe and abnormal
2-51     mental, emotional, or physical distress;
2-52                             (ii)  would experience substantial mental
2-53     or physical deterioration of the patient's ability to function
2-54     independently, which would be manifested by the patient's
2-55     inability, except for reasons of indigence, to provide for the
2-56     patient's basic needs, including food, clothing, health, or safety;
2-57     and
2-58                             (iii)  would not be able to make a rational
2-59     and informed decision as to whether to submit to treatment; and
2-60                       (C)  there is no reasonable alternative to the
2-61     treatment recommended by the physician.
2-62           (d)  If, on or after the 30th day after the date of admission
2-63     to the facility, a patient requests to be released, a facility
2-64     shall release the patient within a 96-hour period unless an
2-65     application for court-ordered treatment or emergency detention is
2-66     filed and the patient is detained in accordance with this chapter.
2-67           (e)  If extremely hazardous weather conditions exist or a
2-68     disaster occurs, the facility administrator may request the judge
2-69     of a court that has jurisdiction over proceedings brought under
 3-1     Subchapter D to extend the period during which the person may be
 3-2     detained.  The judge or a magistrate appointed by the judge may by
 3-3     written order made each day extend the period during which the
 3-4     person may be detained until 4 p.m. on the first succeeding
 3-5     business day. The written order must declare that an emergency
 3-6     exists because of the weather or the occurrence of a disaster.
 3-7           SECTION 6.  This Act takes effect immediately if it receives
 3-8     a vote of two-thirds of all the members elected to each house, as
 3-9     provided by Section 39, Article III, Texas Constitution.  If this
3-10     Act does not receive the vote necessary for immediate effect, this
3-11     Act takes effect September 1, 2001.
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