SRC-JLB C.S.H.B. 320 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 320
By: Grusendorf (Fraser)
Jurisprudence
5/21/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Under current law, if a child's parent or guardian refuses treatment,
whether with a central nervous system stimulant or other drug for
treatment of attention deficit hyperactivity disorder, for a child, this
alone can constitute neglect and be acted on by the Texas Department of
Protective and Regulatory Services (DPRS).  Some psychiatrists and
psychologists have serious concerns about the wisdom of such treatments,
pointing out that some studies show a positive relationship between
suicide and the use of some psychotropic drugs.  Approximately 15 percent
of school age children have been placed on mind- and behavior-altering
substances such as Ritalin, and some parents allege that they are
threatened with DPRS investigations if they refuse such treatment.  

C.S.H.B. 320 insures that a refusal by a parent or guardian to seek a
central nervous system stimulant or other drug for treatment of attention
deficit hyperactivity disorder would not by itself constitute neglect as
defined under Section 261.001 of the Texas Family Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 261, Family Code, by adding
Section 261.005, as follows: 
 
Sec. 261.005.  REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD.
Provides that the refusal of a parent, guardian, or managing or possessory
conservator of a child to administer or consent to the administration of a
central nervous system stimulant or other drug for treatment of attention
deficit hyperactivity disorder to the child, or to consent to any other
treatment of the child for attention deficit hyperactivity disorder, does
not by itself constitute neglect under this subtitle unless the refusal to
consent results in or presents certain problems. 
 
SECTION 2.  Amends Chapter 26, Education Code, by adding Section 26.0091,
as follows: 

Sec.  26.0091.  REFUSAL OF PSYCHOLOGICAL OR PSYCHIATRIC TESTING OR
TREATMENT.  (a)  Provides that the refusal of a parent, guardian, or
managing or possessory conservator of a child to administer or consent to
the administration of a central nervous system stimulant or other drug for
the treatment of attention deficit hyperactivity disorder to the child, or
to consent to any testing or treatment of the child for attention deficit
hyperactivity disorder, does not by itself constitute neglect under
Subtitle E, Title 5, Family Code, unless the refusal to consent results in
or presents certain problems. 

(b)  Prohibits an employee of a school district from using or threatening
to use a parent's refusal under Subsection (a) as the sole basis for
making a report under  Section 261.103, Family Code, unless the refusal to
consent results in or presents certain problems. 

SECTION 3.  Amends Chapter 26.009, Education Code, by adding Subsection
(c), to require an employee of a school district, prior to obtaining
consent under Subsection (a) for the administration of any psychological
examination, test, or treatment, including as part of an evaluation of the
need for special education, to provide the child's parent with certain
information. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.