SRC-VRA H.B. 21 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 21
78R10623 SMJ-FBy: Corte (Nelson)
Health & Human Services
5/10/2003
Engrossed


DIGEST AND PURPOSE 
 
Currently, under Texas law a parent or guardian of a minor older than 15
may not request admission of the minor to an inpatient mental health
facility without the minor 's consent.  H.B. 21 would allow a parent or
guardian of a minor between the ages of 16 and 18 to request that a child
with mental health needs be admitted to an inpatient mental health
facility. 

RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Department of
Mental Health and Mental Retardation in SECTION 3 (Section 572.003, Health
and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 572.001(a) and (c), Health and Safety Code, as
follows: 

(a) Changes from less than 16 to less than18 the maximum age of a minor
for whom  a parent, managing conservator or guardian may request the
admission of the minor to an inpatient mental health facility.  

(c)  Changes from less than 16 to less than 18 the maximum age of a minor
for whom a person or agency appointed as guardian or a managing
conservator of a minor acting as an agent of the state may request
admission of the person without the person's consent. 

SECTION 2.  Amends Section 572.002, Health and Safety Code, to make a
conforming change. 

SECTION 3. Amends Section 572.003, Health and Safety Code, by adding
Subsection (e), as follows: 

(e) Provides that in addition to the rights provided by this subtitle, a
person voluntarily admitted to an impatient mental health facility under
Section 572.002 (3)(B) has a right to be evaluated by a physician at
regular intervals to determine the person's need for continued treatment.
Requires  the Texas Department of Mental Health and Mental Retardation by
rule to establish the interval guidelines. 

SECTION 4.  Amends Section 572.004, Health and Safety Code, by adding
Subsection (i) to require a facility, on receipt of a written request for
discharge from a patient admitted under Section 572.002(3)(B), to notify
the patient's parent, managing conservator, or guardian of the request. 

SECTION 5.  Effective date:  upon passage or September 1, 2003.