BILL ANALYSIS

 

 

                                                                                                                                             H.B. 224

                                                                                                                                            By: Corte

                                                                                                                                      Public Health

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

During the Regular Session of the 78th Legislature, H.B. 21 was passed allowing parents of minors between the ages of sixteen and eighteen 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 would prevent a minor between the ages of sixteen and eighteen who has been admitted for voluntary inpatient treatment by a parent or guardian from discharging himself if the parent of the patient objects in writing, and would not allow a patient admitted under these conditions to refuse psychoactive medication.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

H.B. 224 amends Section 572.002(3)(B) of the Health and Safety Code so that a facility is required to consult with the parents of a patient that is younger than eighteen upon receipt of a request for discharge and must continue treatment of the patient if the parent objects in writing to the discharge.

 

H.B. 224 amends Section 576.025(a) of the Health and Safety Code so that a patient younger than eighteen who is prescribed psychoactive medication can not refuse the administration.

 

EFFECTIVE DATE

 

Upon passage, or, if this Act does not receive the necessary vote, the Act takes effect

September 1, 2005.