HBA-RBT H.B. 3145 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3145
By: Smith
Public Health
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, minors between the ages of 16 and 18 can check themselves into
drug treatment facilities without the consent of their parents, however,
these minors can also check themselves out of the facility regardless of
whether a parent admitted the child.  H.B. 3145 requires the consent of a
parent before a child under the age of 18 can be admitted or released from
a drug 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 462.009, Health and Safety Code, to provide that
a patient younger than 18, rather than 16, cannot refuse medication,
therapy, or treatment in a treatment facility if the patient's parent,
managing conservator, or guardian consents to the medication, therapy, or
treatment. 

SECTION 2.  Amends Section 462.022, Health and Safety Code, by amending
Subsections (a) and (c), and adding Subsection (d), to define "minor" as a
person under the age of 18.  Makes conforming and nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.