81R4697 JSC-D
By: Turner of Harris H.B. No. 3127
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain psychoactive and psychotropic
medications to children in substitute care or in the juvenile
justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Family Code, is amended by adding
Section 54.0402 to read as follows:
Sec. 54.0402. CERTAIN MEDICATIONS AS TERM OF PROBATION
PROHIBITED. If a court or jury places a child on probation under
Section 54.04(d), the court may not require as a term of probation
that the child be administered or take a psychoactive or
psychotropic medication, as those terms are defined by Section
531.0741, Government Code, that is not listed as approved for use by
a person of the child's age in the list developed under Section
531.0741, Government Code.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0741 to read as follows:
Sec. 531.0741. LIST OF PSYCHOACTIVE AND PSYCHOTROPIC
MEDICATIONS APPROVED FOR CHILDREN. (a) In this section:
(1) "Psychoactive medication" means a substance that
is prescribed for the treatment of symptoms of psychosis or other
severe mental or emotional disorders and that is used to exercise an
effect on the central nervous system to influence and modify
behavior, cognition, or affective state when treating the symptoms
of mental illness. The term includes the following categories when
used as described by this subdivision:
(A) antipsychotics or neuroleptics;
(B) antidepressants;
(C) agents for control of mania or depression;
(D) antianxiety agents;
(E) sedatives, hypnotics, or other
sleep-promoting drugs; and
(F) psychomotor stimulants.
(2) "Psychotropic medication" means a substance that
is:
(A) used in the diagnosis, treatment, or
prevention of a disease or as a component of a medication; and
(B) intended to have an altering effect on
perception, emotion, or behavior.
(b) The commission shall develop a list of psychoactive and
psychotropic medications approved by the United States Food and
Drug Administration for use by children and, for each medication,
specify the youngest age group for which the medication is
approved. The commission shall update the list at least quarterly.
(c) The commission shall make the list and the updates to
the list available to the health and human services agencies, the
Texas Youth Commission, and the public in an electronic, searchable
format.
SECTION 3. Section 32.024, Human Resources Code, is amended
by adding Subsection (hh) to read as follows:
(hh) Except as provided by this subsection and to the extent
allowed by federal law, the department may not provide medical
assistance through the vendor drug program for the provision of a
psychoactive or psychotropic medication, as defined by Section
531.0741, Government Code, to a child who is younger than 11 years
of age and who is in substitute care, as defined by Section 263.001,
Family Code, if the medication is not listed as approved for use by
a person of that child's age in the list developed under Section
531.0741, Government Code. The department may provide that medical
assistance to a child in substitute care who is at least 6, but
younger than 11, years of age if the department, in consultation
with the child's physician, authorizes the provision of that
medication in advance. In determining whether to authorize the
medication, the department shall consider:
(1) the child's diagnosis;
(2) any studies that have been performed regarding the
medication's effects on persons of the child's age;
(3) the severity of the medication's side effects;
(4) whether another medication exists that is approved
by the United States Food and Drug Administration for use by a
person of the child's age;
(5) the child's demonstrated need for the medication;
(6) whether it is likely that the child poses a threat
to the child or others if the child does not receive the medication;
(7) whether there are reasonable alternatives to
medicating the child;
(8) the interaction of the medication with any other
medication prescribed for the child;
(9) whether the child has successfully taken the
medication in the past; and
(10) any other factor the department considers
relevant.
SECTION 4. Chapter 80, Human Resources Code, is amended by
adding Section 80.004 to read as follows:
Sec. 80.004. PROHIBITION ON ADMINISTRATION OF CERTAIN
MEDICATIONS. (a) In this section, "psychoactive medication" and
"psychotropic medication" have the meanings assigned by Section
531.0741, Government Code.
(b) A person may not administer a psychoactive or
psychotropic medication to a child committed to the Texas Youth
Commission under Title 3, Family Code, or detained in another
juvenile detention facility under that title unless:
(1) the medication is listed as approved for a person
of the child's age in the list developed under Section 531.0741,
Government Code; or
(2) an emergency situation exists and the medication
is used as a temporary measure to prevent imminent harm to the child
or to others.
SECTION 5. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 6. Not later than January 1, 2010, the Health and
Human Services Commission shall develop the list required by
Section 531.0741, Government Code, as added by this Act.
SECTION 7. Section 54.0402, Family Code, as added by this
Act, applies only to a child placed on probation on or after March
1, 2010. A child placed on probation before that date is governed
by the law in effect when the child was placed on probation, and the
former law is continued in effect for that purpose.
SECTION 8. Not later than January 1, 2010, the Texas Youth
Commission, the Department of Family and Protective Services, and
the Health and Human Services Commission shall adopt protocols to
implement the changes in law made by this Act while ameliorating the
effects those changes in law may have on:
(1) children who are in substitute care on March 1,
2010, or committed to the Texas Youth Commission or detained in
another juvenile detention facility on that date, and are taking a
medication on that date that is not listed as approved for use by a
person of the child's age according to the list developed under
Section 531.0741, Government Code, as added by this Act; and
(2) children who are placed in substitute care after
March 1, 2010, or committed to the Texas Youth Commission or
detained in another juvenile detention facility after that date,
and at the time of placement, commitment, or detention, are taking a
medication that is not listed as approved for use by a person of the
child's age according to the list developed under Section 531.0741,
Government Code, as added by this Act.
SECTION 9. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Section 54.0402, Family Code, as added by this Act, and
Sections 32.024(hh) and 80.004, Human Resources Code, as added by
this Act, take effect March 1, 2010.