BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 224

79R1457 JJT-D                                                                                                   By: Corte (Shapiro)

                                                                                                                  Health & Human Services

                                                                                                                                            4/25/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

During the 78th Legislature, Regular Session, 2003, H.B. 21 was passed to allow parents of minors between the ages of 16 and 18 to request admission to inpatient mental health facilities for their children.  Currently, there is legal ambiguity over the procedure for discharge of patients admitted under these circumstances.

 

H.B. 224 prevents a minor between the ages of 16 and 18, who has been admitted for voluntary inpatient treatment by a parent or guardian, from discharging him or herself if the parent of the patient objects in writing, and prohibits a patient admitted under these conditions from refusing psychoactive medication.

 

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 Section 572.004(i), Health and Safety Code, to require an inpatient mental health facility to consult with, rather than notify, the parent, managing conservator, or guardian of certain patients regarding the patient's discharge.  Requires the facility to continue treatment of the patient as a voluntary patient if the parent, managing conservator, or guardian in writing to the patient's discharge.

 

SECTION 2.  Amends Section 576.052(a), Health and Safety Code, to make modifications to the list of exceptions to whom a person is prohibited from administering psychoactive medicine.

 

SECTION 3.  Effective date:  upon passage or September 1 ,2005.