HBA-JRA H.B. 2651 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2651 By: Smith Public Health 3/30/1999 Introduced BACKGROUND AND PURPOSE In 1997, the Texas Office for Prevention of Developmental Disabilities reported that fetal alcohol syndrome is the primary cause of mental retardation in newborns. Fetal alcohol syndrome is a preventable disease with a significant financial cost. H.B. 2651 provides that it is a statewide priority to obtain treatment services for individuals who are pregnant and present a substantial risk of serious harm to the health of the child when born because of the individual's abuse of alcohol or a controlled substance, and authorizes a judge or magistrate to order emergency detention, treatment, and protective custody, if necessary, for such individuals. 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 461.0124(d), Health and Safety Code, to provide that a statewide service delivery plan must provide a priority for obtaining treatment services for individuals in need of treatment who are pregnant and present a substantial risk of serious harm to the health of the child when born because of the individual's abuse of alcohol or a controlled substance. SECTION 2. Amends Section 462.042(b), Health and Safety Code, to provide that an application for emergency detention of a minor or another adult must state that the applicant has reason to believe and does believe that the person is pregnant and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance. SECTION 3. Amends Section 462.043(b), Health and Safety Code, to require a judge or magistrate to deny an application for emergency detention of a minor or another adult unless the judge or magistrate finds that there is reasonable cause to believe that the person is pregnant and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance. SECTION 4. Amends Section 462.062(e), Health and Safety Code, to provide that an application for court-ordered treatment of another person must contain a statement that the proposed patient is a chemically dependent person who is pregnant and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance. Redesignates existing Paragraph (B) to Paragraph (C). SECTION 5. Amends Section 462.064(c), Health and Safety Code, to provide that a certificate of medical examination for chemical dependency for the purpose of a hearing on court-ordered treatment must include the examining physician's opinion whether the proposed patient is a chemically dependent person and is pregnant and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance. Redesignates existing Paragraph (C) to Paragraph (D). SECTION 6. Amends Sections 462.065(e) and (f), Health and Safety Code, as follows: (e) Authorizes a judge or designated magistrate of a court in which an application of courtordered treatment is pending to issue a protective custody order if the judge or magistrate determines that the proposed patient is pregnant and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance if not immediately restrained pending the hearing. (f) Authorizes the determination that the proposed patient presents a substantial risk of serious harm to the proposed patient or others or that the proposed patient, if pregnant, presents a substantial risk of serious harm to the health of the child when born to be demonstrated by the proposed patient's behavior or by evidence that the proposed patient cannot remain at liberty. SECTION 7. Amends Section 462.066, Health and Safety Code, to require a court to set a hearing to determine if there is probable cause to believe that a proposed patient under a protective custody order, if not restrained until the hearing on the application, is pregnant and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance. Redesignates existing Subsections (b)-(g) to (c)-(h). Makes conforming changes. SECTION 8. Amends Section 462.075(b), Health and Safety Code, to authorize an applicant to file an application to renew the original order for court-ordered treatment if the applicant has reasonable cause to believe that a patient remains chemically dependent, is pregnant, and presents a substantial risk of serious harm to the health of the child when born because of the person's abuse of alcohol or a controlled substance. Makes conforming changes. SECTION 9. Effective date: September 1, 1999. SECTION 10. Emergency clause.