82R4219 CBE-D
  By: Smith of Tarrant H.C.R. No. 25
         WHEREAS, Among the four federal programs that provide funds
  for family planning services in Texas, those operating under Title
  X of the Public Health Service Act and Medicaid require family
  planning facilities to provide confidential contraceptive services
  to anyone who seeks them, regardless of age, in exchange for
  receiving money from the federal government; and
         WHEREAS, Established by Congress in 1970, Title X of the
  Public Health Service Act was designed "to assist in making
  comprehensive voluntary family planning services readily available
  to all persons desiring such services"; in 1997, these services,
  including the availability of contraception, were extended to
  minors under the age of 16 as a result of the United States Supreme
  Court decision in Carey v. Population Services International, 431
  U.S. 678 (1977); consequently, Title X clinics can provide minors
  with free contraceptives without a parent's knowledge or consent;
         WHEREAS, In 1972, Medicaid funding for family planning was
  authorized to cover health care services for low-income women
  through a cooperative federal-state program; in Texas, any provider
  receiving Title X funds from the state must also provide services to
  Medicaid-eligible clients, and, in accepting federal matching
  funds for the Medicaid program, the state cannot require minors to
  obtain parental consent before receiving family planning services,
  including contraceptives; and
         WHEREAS, Taken together, these requirements effectively
  force the state to provide contraceptives to children under the age
  of 16 in order to finance critical family planning services and
  reduce the likelihood of parental involvement at a time in a child's
  sexual development when emotional capacity is not likely to
  correspond to physical maturity; additionally, family planning
  programs operating under Title V and Title XX of the Social Security
  Act are not explicitly prohibited from requiring parental consent
  for the dispensation of prescriptions, devaluing the implication
  that confidentiality is a necessity and sending a mixed message to
  state administrators of family planning programs; now, therefore,
  be it
         RESOLVED, That the 82nd Legislature of the State of Texas
  hereby respectfully urge the Congress of the United States to
  remove confidentiality mandates for minors from family planning
  services programs operating under Title X of the Public Health
  Service Act and Medicaid; and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the president of the Senate and the speaker of the House of
  Representatives of the United States Congress, and to all the
  members of the Texas delegation to Congress with the request that
  this resolution be entered in the Congressional Record as a
  memorial to the Congress of the United States of America.