HBA-MPM H.B. 333 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 333
By: McClendon
Public Health
2/14/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a parent, managing conservator, or guardian (parent)
of a child under 16 years of age to admit the child into a facility for
treatment of chemical dependency.  However, a parent is legally responsible
for a child until the child is 18 years old.  If a child that is at least
16 but less than 18 years of age has a drug problem and is unwilling to
enter a treatment facility, the parent is unable to admit the child into a
treatment facility.  House Bill 333 allows a parent to authorize treatment
for a child younger than 18 years of age. 

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 333 amends the Health and Safety Code to apply provisions
relating to the ability of a parent, managing conservator, or guardian
(parent) to authorize treatment of a minor under 16 years of age at a
chemical dependency treatment facility to minors under 18 years of age.
The provisions specify that:   

_a minor whose parent consents to a medication, therapy, or treatment is
not entitled to refuse  the medication, therapy, or treatment; 

_a facility is authorized to admit a minor at the request of a parent; and

_a person or agency appointed as a minor's guardian or managing conservator
who is acting as an employee or agent of a state entity is authorized to
request admission of the minor to a facility only with the minor's consent. 


EFFECTIVE DATE

September 1, 2001.