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AN ACT
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relating to the right of a minor in the custody of the Texas |
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Department of Criminal Justice to consent to medical, dental, |
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psychological, and surgical treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Government Code, is |
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amended by adding Section 501.059 to read as follows: |
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Sec. 501.059. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, |
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AND SURGICAL TREATMENT. An inmate who is younger than 18 years of |
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age and is confined in a facility operated by or under contract with |
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the department may, in accordance with procedures established by |
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the department, consent to medical, dental, psychological, and |
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surgical treatment for the inmate by a licensed health care |
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practitioner, or a person under the direction of a licensed health |
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care practitioner, unless the treatment would constitute a |
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prohibited practice under Section 164.052(a)(19), Occupations |
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Code. |
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SECTION 2. Section 32.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child may consent to medical, dental, psychological, |
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and surgical treatment for the child by a licensed physician or |
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dentist if the child: |
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(1) is on active duty with the armed services of the |
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United States of America; |
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(2) is: |
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(A) 16 years of age or older and resides separate |
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and apart from the child's parents, managing conservator, or |
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guardian, with or without the consent of the parents, managing |
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conservator, or guardian and regardless of the duration of the |
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residence; and |
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(B) managing the child's own financial affairs, |
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regardless of the source of the income; |
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(3) consents to the diagnosis and treatment of an |
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infectious, contagious, or communicable disease that is required by |
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law or a rule to be reported by the licensed physician or dentist to |
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a local health officer or the Texas Department of Health, including |
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all diseases within the scope of Section 81.041, Health and Safety |
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Code; |
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(4) is unmarried and pregnant and consents to |
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hospital, medical, or surgical treatment, other than abortion, |
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related to the pregnancy; |
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(5) consents to examination and treatment for drug or |
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chemical addiction, drug or chemical dependency, or any other |
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condition directly related to drug or chemical use; [or] |
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(6) is unmarried, is the parent of a child, and has |
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actual custody of his or her child and consents to medical, dental, |
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psychological, or surgical treatment for the child; or |
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(7) is serving a term of confinement in a facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice, unless the treatment would constitute a prohibited |
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practice under Section 164.052(a)(19), Occupations Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2389 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2389 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |