Texas 2009 - 81st Regular

Texas House Bill HB3127 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4697 JSC-D
2	2	By: Turner of Harris H.B. No. 3127
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of certain psychoactive and psychotropic
8	8	medications to children in substitute care or in the juvenile
9	9	justice system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 54, Family Code, is amended by adding
12	12	Section 54.0402 to read as follows:
13	13	Sec. 54.0402. CERTAIN MEDICATIONS AS TERM OF PROBATION
14	14	PROHIBITED. If a court or jury places a child on probation under
15	15	Section 54.04(d), the court may not require as a term of probation
16	16	that the child be administered or take a psychoactive or
17	17	psychotropic medication, as those terms are defined by Section
18	18	531.0741, Government Code, that is not listed as approved for use by
19	19	a person of the child's age in the list developed under Section
20	20	531.0741, Government Code.
21	21	SECTION 2. Subchapter B, Chapter 531, Government Code, is
22	22	amended by adding Section 531.0741 to read as follows:
23	23	Sec. 531.0741. LIST OF PSYCHOACTIVE AND PSYCHOTROPIC
24	24	MEDICATIONS APPROVED FOR CHILDREN. (a) In this section:
25	25	(1) "Psychoactive medication" means a substance that
26	26	is prescribed for the treatment of symptoms of psychosis or other
27	27	severe mental or emotional disorders and that is used to exercise an
28	28	effect on the central nervous system to influence and modify
29	29	behavior, cognition, or affective state when treating the symptoms
30	30	of mental illness. The term includes the following categories when
31	31	used as described by this subdivision:
32	32	(A) antipsychotics or neuroleptics;
33	33	(B) antidepressants;
34	34	(C) agents for control of mania or depression;
35	35	(D) antianxiety agents;
36	36	(E) sedatives, hypnotics, or other
37	37	sleep-promoting drugs; and
38	38	(F) psychomotor stimulants.
39	39	(2) "Psychotropic medication" means a substance that
40	40	is:
41	41	(A) used in the diagnosis, treatment, or
42	42	prevention of a disease or as a component of a medication; and
43	43	(B) intended to have an altering effect on
44	44	perception, emotion, or behavior.
45	45	(b) The commission shall develop a list of psychoactive and
46	46	psychotropic medications approved by the United States Food and
47	47	Drug Administration for use by children and, for each medication,
48	48	specify the youngest age group for which the medication is
49	49	approved. The commission shall update the list at least quarterly.
50	50	(c) The commission shall make the list and the updates to
51	51	the list available to the health and human services agencies, the
52	52	Texas Youth Commission, and the public in an electronic, searchable
53	53	format.
54	54	SECTION 3. Section 32.024, Human Resources Code, is amended
55	55	by adding Subsection (hh) to read as follows:
56	56	(hh) Except as provided by this subsection and to the extent
57	57	allowed by federal law, the department may not provide medical
58	58	assistance through the vendor drug program for the provision of a
59	59	psychoactive or psychotropic medication, as defined by Section
60	60	531.0741, Government Code, to a child who is younger than 11 years
61	61	of age and who is in substitute care, as defined by Section 263.001,
62	62	Family Code, if the medication is not listed as approved for use by
63	63	a person of that child's age in the list developed under Section
64	64	531.0741, Government Code. The department may provide that medical
65	65	assistance to a child in substitute care who is at least 6, but
66	66	younger than 11, years of age if the department, in consultation
67	67	with the child's physician, authorizes the provision of that
68	68	medication in advance. In determining whether to authorize the
69	69	medication, the department shall consider:
70	70	(1) the child's diagnosis;
71	71	(2) any studies that have been performed regarding the
72	72	medication's effects on persons of the child's age;
73	73	(3) the severity of the medication's side effects;
74	74	(4) whether another medication exists that is approved
75	75	by the United States Food and Drug Administration for use by a
76	76	person of the child's age;
77	77	(5) the child's demonstrated need for the medication;
78	78	(6) whether it is likely that the child poses a threat
79	79	to the child or others if the child does not receive the medication;
80	80	(7) whether there are reasonable alternatives to
81	81	medicating the child;
82	82	(8) the interaction of the medication with any other
83	83	medication prescribed for the child;
84	84	(9) whether the child has successfully taken the
85	85	medication in the past; and
86	86	(10) any other factor the department considers
87	87	relevant.
88	88	SECTION 4. Chapter 80, Human Resources Code, is amended by
89	89	adding Section 80.004 to read as follows:
90	90	Sec. 80.004. PROHIBITION ON ADMINISTRATION OF CERTAIN
91	91	MEDICATIONS. (a) In this section, "psychoactive medication" and
92	92	"psychotropic medication" have the meanings assigned by Section
93	93	531.0741, Government Code.
94	94	(b) A person may not administer a psychoactive or
95	95	psychotropic medication to a child committed to the Texas Youth
96	96	Commission under Title 3, Family Code, or detained in another
97	97	juvenile detention facility under that title unless:
98	98	(1) the medication is listed as approved for a person
99	99	of the child's age in the list developed under Section 531.0741,
100	100	Government Code; or
101	101	(2) an emergency situation exists and the medication
102	102	is used as a temporary measure to prevent imminent harm to the child
103	103	or to others.
104	104	SECTION 5. If before implementing any provision of this Act
105	105	a state agency determines that a waiver or authorization from a
106	106	federal agency is necessary for implementation of that provision,
107	107	the agency affected by the provision shall request the waiver or
108	108	authorization and may delay implementing that provision until the
109	109	waiver or authorization is granted.
110	110	SECTION 6. Not later than January 1, 2010, the Health and
111	111	Human Services Commission shall develop the list required by
112	112	Section 531.0741, Government Code, as added by this Act.
113	113	SECTION 7. Section 54.0402, Family Code, as added by this
114	114	Act, applies only to a child placed on probation on or after March
115	115	1, 2010. A child placed on probation before that date is governed
116	116	by the law in effect when the child was placed on probation, and the
117	117	former law is continued in effect for that purpose.
118	118	SECTION 8. Not later than January 1, 2010, the Texas Youth
119	119	Commission, the Department of Family and Protective Services, and
120	120	the Health and Human Services Commission shall adopt protocols to
121	121	implement the changes in law made by this Act while ameliorating the
122	122	effects those changes in law may have on:
123	123	(1) children who are in substitute care on March 1,
124	124	2010, or committed to the Texas Youth Commission or detained in
125	125	another juvenile detention facility on that date, and are taking a
126	126	medication on that date that is not listed as approved for use by a
127	127	person of the child's age according to the list developed under
128	128	Section 531.0741, Government Code, as added by this Act; and
129	129	(2) children who are placed in substitute care after
130	130	March 1, 2010, or committed to the Texas Youth Commission or
131	131	detained in another juvenile detention facility after that date,
132	132	and at the time of placement, commitment, or detention, are taking a
133	133	medication that is not listed as approved for use by a person of the
134	134	child's age according to the list developed under Section 531.0741,
135	135	Government Code, as added by this Act.
136	136	SECTION 9. (a) Except as provided by Subsection (b) of this
137	137	section, this Act takes effect September 1, 2009.
138	138	(b) Section 54.0402, Family Code, as added by this Act, and
139	139	Sections 32.024(hh) and 80.004, Human Resources Code, as added by
140	140	this Act, take effect March 1, 2010.