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


Office of House Bill AnalysisC.S.S.B. 44
By: Shapiro
Public Health
4/24/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law allows minors between the ages of 16 and 18 to check themselves
into a chemical dependency treatment facility (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 facility, regardless of whether a
parent admitted the child.  C.S.S.B. 44  defines "minor" as an individual
younger than 18 years of age for whom the disabilities of a minor have not
been removed.  This bill requires a facility to consult with a minor
patient's parent, conservator, or guardian, if that person requested the
patient's admission, on receipt of written request for the patient's
release.  This bill further requires the facility, if the parent,
consultant, or guardian objects in writing to the release of the patient,
to continue treatment. 

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.  Authorizes that this Act be known as "JoJo's Law."

SECTION 2.  Amends Section 462.009, Health and Safety Code, to provide that
a patient of a chemical dependency treatment facility (facility) is not
entitled to refuse medication, therapy, or treatment if the patient is
admitted under Section 462.022(a)(3)(A); is, in addition, younger than 18,
rather than 16, years of age; and whose parent, managing conservator, or
guardian consents to medication, therapy, or treatment on the patient's
behalf.   

SECTION 3.  Amends Section 462.022, Health and Safety Code, by amending
Subsections (a) and (c) and adding Subsection (d), as follows: 

(a) Makes conforming changes yielding a Subsection (a)(3)(A) that
authorizes a facility to admit a minor for treatment and rehabilitation if
the admission is requested by a parent, managing conservator, or guardian
of the minor.  

(c) Makes a conforming change.

(d) Defines "minor," for this section as an individual younger than 18
years of age for whom the disabilities of minority have not been removed. 

SECTION 4.  Amends Section 462.023, Health and Safety Code, to require a
facility, if a patient is a minor admitted under Section 462.022(a)(3)(A),
to consult with the  parent, guardian, or conservator on receipt of a
written request for release.  Requires the facility to continue treatment
of the patient if that person objects in writing to the release.  Makes
conforming changes. 

SECTION 5.  Emergency clause.
Effective date: upon passage.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

The caption reflects the changes made in the substitute.

The substitute adds a new SECTIONS 1-3.  For a complete analysis of these
new sections please see the Section-by-Section Analysis portion of this
document. 

The substitute redesignates SECTION 1 of the original (Section 462.023,
Health and Safety Code) as SECTION 4.  The substitute modifies this section
by making changes conforming to the changes made in SECTIONS 2 and 3 of the
substitute. 

The substitute redesignates SECTION 2 (emergency clause) of the original as
SECTION 5.