78R4020 JMM-F

By:  Hupp                                                         H.B. No. 2983



A BILL TO BE ENTITLED

AN ACT

relating to the administration of certain psychoactive medications 
to a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 576.025, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsections (h) and 
(i) to read as follows:
	(a)  A person may not administer a psychoactive medication to 
a patient receiving voluntary or involuntary mental health services 
who refuses the administration unless:
		(1)  the patient is having a medication-related 
emergency;                  
		(2)  the patient is younger than 16 years of age and the 
patient's parent, managing conservator, possessory conservator,
[or] guardian, caretaker, or custodian consents to the 
administration on behalf of the patient;
		(3)  the refusing patient's representative authorized 
by law to consent on behalf of the patient has consented to the 
administration;
		(4)  the administration of the medication regardless of 
the patient's refusal is authorized by an order issued under 
Section 574.106; or
		(5)  the patient is receiving court-ordered mental 
health services authorized by an order issued under:
			(A)  Article 46.02 or 46.03, Code of Criminal 
Procedure; or                
			(B)  Chapter 55, Family Code.                                                
	(h)  If a physician issues an order to administer three or 
more concurrent psychoactive medications, or two or more 
psychoactive medications of the same class concurrently, to a 
patient younger than 18 years of age, the pharmacist dispensing the 
medications shall make a referral of the physician to the Texas 
State Board of Medical Examiners.
	(i)  Notwithstanding Subsection (a)(2), a psychoactive 
medication may not be administered to a child unless the child's 
parent, managing conservator, possessory conservator, guardian, 
caretaker, or custodian consents as provided by Subsection (b).  If 
a child is removed from the child's home because of an allegation of 
child abuse or neglect, the child's parent retains the right to 
consent for the child under this section unless the parent's 
parental rights have been terminated by the court.
	SECTION 2.  This Act takes effect September 1, 2003.