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.
3-12 * * * * *