| 1 | 1 | | By: Van de Putte S.B. No. 592 |
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| 2 | 2 | | (In the Senate - Filed January 29, 2009; February 23, 2009, |
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| 3 | 3 | | read first time and referred to Committee on Health and Human |
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| 4 | 4 | | Services; April 14, 2009, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; April 14, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the capacity of certain minors to consent to |
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| 11 | 11 | | examination or medical treatment related to contraception. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subsection (a), Section 32.003, Family Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) A child may consent to medical, dental, psychological, |
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| 16 | 16 | | and surgical treatment for the child by a licensed physician or |
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| 17 | 17 | | dentist if the child: |
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| 18 | 18 | | (1) is on active duty with the armed services of the |
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| 19 | 19 | | United States of America; |
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| 20 | 20 | | (2) is: |
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| 21 | 21 | | (A) 16 years of age or older and resides separate |
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| 22 | 22 | | and apart from the child's parents, managing conservator, or |
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| 23 | 23 | | guardian, with or without the consent of the parents, managing |
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| 24 | 24 | | conservator, or guardian and regardless of the duration of the |
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| 25 | 25 | | residence; and |
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| 26 | 26 | | (B) managing the child's own financial affairs, |
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| 27 | 27 | | regardless of the source of the income; |
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| 28 | 28 | | (3) consents to the diagnosis and treatment of an |
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| 29 | 29 | | infectious, contagious, or communicable disease that is required by |
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| 30 | 30 | | law or a rule to be reported by the licensed physician or dentist to |
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| 31 | 31 | | a local health officer or the [Texas] Department of State Health |
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| 32 | 32 | | Services, including all diseases within the scope of Section |
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| 33 | 33 | | 81.041, Health and Safety Code; |
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| 34 | 34 | | (4) is unmarried and pregnant and consents to |
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| 35 | 35 | | hospital, medical, or surgical treatment, other than abortion, |
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| 36 | 36 | | related to the pregnancy; |
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| 37 | 37 | | (5) consents to examination and treatment for drug or |
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| 38 | 38 | | chemical addiction, drug or chemical dependency, or any other |
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| 39 | 39 | | condition directly related to drug or chemical use; |
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| 40 | 40 | | (6) is unmarried, is the parent of a child, and has |
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| 41 | 41 | | actual custody of his or her child and consents to medical, dental, |
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| 42 | 42 | | psychological, or surgical treatment for the child; [or] |
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| 43 | 43 | | (7) is serving a term of confinement in a facility |
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| 44 | 44 | | operated by or under contract with the Texas Department of Criminal |
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| 45 | 45 | | Justice, unless the treatment would constitute a prohibited |
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| 46 | 46 | | practice under Section 164.052(a)(19), Occupations Code; or |
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| 47 | 47 | | (8) is 16 years of age or older, is unmarried, is the |
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| 48 | 48 | | mother of a child, and consents to examination or medical |
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| 49 | 49 | | treatment, other than abortion or emergency contraception, related |
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| 50 | 50 | | to contraception. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 52 | 52 | | * * * * * |
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