This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.


                                                                                



                                                                  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