HBA-NMO H.B. 1019 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1019
By: Madden
Public Health
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a minor between the age of 16 and 18 years to check
into a chemical dependency treatment facility (facility) without the
consent of the minor's parents.  The law also authorizes a minor between
the same ages to check out of a treatment facility, regardless of whether
the a parent of the minor was consulted.  H.B. 1019 requires a treatment
facility to consult with a parent before releasing a patient who is a minor
and to continue treatment if the parent does not give consent to the
release.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 462.023, Health and Safety Code, by requiring a
chemical dependency treatment facility (facility), on receipt of a written
request for the release of a patient who is a minor, to consult with a
parent of the patient, if one is known to the facility staff.  Requires the
facility to continue treatment of the patient as a voluntary patient if a
parent objects in writing to the release of the patient and signed a
surrogate consent form on behalf of the patient at the time of the
patient's admission, or signs a surrogate consent form on behalf of the
patient after a consultation.  Makes conforming changes. 

SECTION 2.Emergency clause.
  Effective date: upon passage.