HBA-NMO S.B. 44 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 44
By: Shapiro
Public Health
4/11/1999
Engrossed


BACKGROUND AND PURPOSE 

Current law allows minors between the ages of 16 and 18 to check themselves
into a chemical dependency treatment facility without the consent of their
parents.  The law, however, also allows a minor between the ages of 16 and
18 to check out of the treatment facility, regardless of whether a parent
admitted the child.  S.B. 44  requires that a parent be consulted on the
release of a minor child if the parent was responsible for admitting the
child into the treatment facility. 

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, to require a
chemical dependency treatment facility (facility), if a patient is a minor
and the patient's parent was responsible for the admission of the patient,
to consult the parent on receipt of a written request for release of the
patient.  Requires the facility to continue treatment of the patient as a
voluntary patient if a parent objects in writing to the release and signed
a surrogate consent form at the time of the patient's admission.  Makes
conforming changes. 

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