HBA-CCH, MPM H.B. 160 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 160
By: Smith
Public Health
2/7/2001
Introduced



BACKGROUND AND PURPOSE 

Current law allows parents, conservators, or guardians to admit their minor
child who is younger than 16 years of age into a drug treatment facility,
and allows minor children who are at least 16 years old to check themselves
into and release themselves from a drug treatment facility without the
consent of a parent, conservator, or guardian.  However, current law does
not authorize a parent to admit or stop the release of a minor child who is
at least 16 years old but younger than 18 years old.  House Bill 160
provides for the admission and continued treatment of a child younger than
18 at the request of the parent, conservator, or guardian. 

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. 

ANALYSIS

House Bill 160 amends the Health and Safety Code to increase from 16 to 18
the age under which a patient is not entitled to refuse medication,
therapy, or treatment if the patient is admitted by a treatment facility at
the request of a parent, managing conservator, or guardian (parent) who
consents to the treatment on the patient's behalf.   

The bill requires a treatment facility to consult with a parent on receipt
of a written request for release by a minor and to continue treatment of
the patient as a voluntary patient if the parent objects to the patient's
release. 

EFFECTIVE DATE

On passage or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.