79R1457 JJT-D

By:  Corte                                                        H.B. No. 224



A BILL TO BE ENTITLED

AN ACT

relating to the treatment of certain persons younger than 18 years 
of age admitted for voluntary inpatient mental health services and 
discharge from that treatment for those persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 572.004(i), Health and Safety Code, is 
amended to read as follows:
	(i)  On receipt of a written request for discharge from a 
patient admitted under Section 572.002(3)(B)  who is younger than 
18 years of age, a facility shall consult with [notify] the 
patient's parent, managing conservator, or guardian regarding the 
discharge.  If the parent, managing conservator, or guardian 
objects in writing to the patient's discharge, the facility shall 
continue treatment of the patient as a voluntary patient [of the 
request].
	SECTION 2.  Section 576.025(a), Health and Safety Code, is 
amended 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, or the 
patient is younger than 18 years of age and is a patient admitted 
for voluntary mental health services under Section 572.002(3)(B), 
and the patient's parent, managing conservator, or guardian 
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)  Chapter 46B or Article 46.03, Code of 
Criminal Procedure; or          
			(B)  Chapter 55, Family Code.                                                
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.