By: Corte (Senate Sponsor - Shapiro) H.B. No. 224
(In the Senate - Received from the House April 5, 2005;
April 6, 2005, read first time and referred to Committee on Health
and Human Services; April 27, 2005, reported favorably by the
following vote: Yeas 6, Nays 0; April 27, 2005, sent to printer.)
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.
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