HBA-MPM H.B. 2448 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2448
By: Hilbert
Public Health
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Current law allows individuals younger than 18 years of age to consent to
receive psychoactive medications such as Haldol and Prolixin, and
antidepressants such as Prozac.  H.B. 2448 prohibits a person from
administering a psychoactive medication to an individual younger than 18
years of age who is receiving mental health services unless the patient's
parent, managing conservator, or guardian consents on the patient's behalf. 

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 576.025(a), Health and Safety Code, to prohibit
a person from administering a psychoactive medication to a patient
receiving voluntary or involuntary mental health services who refuses the
administration unless the patient's parent, managing conservator, or
guardian consents to the administration on behalf of the patient and the
patient is: 

_ younger than 18 years of age, rather than 16 years of age,
_ is unmarried, and
_ has not had the disabilities of minority removed.

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