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H.B. No. 224
AN ACT
relating to the treatment of certain persons younger than 18 years
of age admitted for voluntary inpatient mental health services and
discharge from that treatment for those persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 572.004(i), Health and Safety Code, is
amended to read as follows:
(i) On receipt of a written request for discharge from a
patient admitted under Section 572.002(3)(B) who is younger than
18 years of age, a facility shall consult with [notify] the
patient's parent, managing conservator, or guardian regarding the
discharge. If the parent, managing conservator, or guardian
objects in writing to the patient's discharge, the facility shall
continue treatment of the patient as a voluntary patient [of the
request].
SECTION 2. Section 576.025(a), Health and Safety Code, is
amended to read as follows:
(a) A person may not administer a psychoactive medication to
a patient receiving voluntary or involuntary mental health services
who refuses the administration unless:
(1) the patient is having a medication-related
emergency;
(2) the patient is younger than 16 years of age, or the
patient is younger than 18 years of age and is a patient admitted
for voluntary mental health services under Section 572.002(3)(B),
and the patient's parent, managing conservator, or guardian
consents to the administration on behalf of the patient;
(3) the refusing patient's representative authorized
by law to consent on behalf of the patient has consented to the
administration;
(4) the administration of the medication regardless of
the patient's refusal is authorized by an order issued under
Section 574.106; or
(5) the patient is receiving court-ordered mental
health services authorized by an order issued under:
(A) Chapter 46B or Article 46.03, Code of
Criminal Procedure; or
(B) Chapter 55, Family Code.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 224 was passed by the House on April
4, 2005, by the following vote: Yeas 141, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 224 was passed by the Senate on May 5,
2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor