Texas 2015 - 84th Regular

Texas House Bill HB2429 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R20277 JSC-F
2	2	By: Vo H.B. No. 2429
3	3	Substitute the following for H.B. No. 2429:
4	4	By: Dutton C.S.H.B. No. 2429
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the persons who may consent to the medical care or
10	10	immunization of a child.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 32.001(a), (b), and (d), Family Code,
13	13	are amended to read as follows:
14	14	(a) The following persons may consent to medical, dental,
15	15	psychological, and surgical treatment of a child when the person
16	16	having the right to consent as otherwise provided by law cannot be
17	17	contacted and that person has not given actual notice to the
18	18	contrary:
19	19	(1) a grandparent of the child;
20	20	(2) an adult brother or sister of the child;
21	21	(3) an adult aunt or uncle of the child;
22	22	(4) a stepparent of the child;
23	23	(5) an educational institution in which the child is
24	24	enrolled that has received written authorization to consent for the
25	25	child from a parent, managing conservator, guardian, or other
26	26	person who, under the law of another state or a court order, may
27	27	[having the right to] consent for the child;
28	28	(6) [(5)] an adult who has actual care, control, and
29	29	possession of the child and has written authorization to consent
30	30	for the child from a parent, managing conservator, guardian, or
31	31	other person who, under the law of another state or a court order,
32	32	may [having the right to] consent for the child;
33	33	(7) [(6)] a court having jurisdiction over a suit
34	34	affecting the parent-child relationship of which the child is the
35	35	subject;
36	36	(8) [(7)] an adult who has [responsible for the]
37	37	actual care, control, and possession of a child under the
38	38	jurisdiction of a juvenile court or committed by a juvenile court to
39	39	the care of an agency of the state or county;
40	40	(9) an adult who has actual care, control, and
41	41	possession of the child as the child's primary caregiver; or
42	42	(10) [(8)] a peace officer who has lawfully taken
43	43	custody of a child [minor], if the peace officer has reasonable
44	44	grounds to believe the child [minor] is in need of immediate medical
45	45	treatment.
46	46	(b) Except as otherwise provided by this subsection, the
47	47	Texas Juvenile Justice Department [Youth Commission] may consent to
48	48	the medical, dental, psychological, and surgical treatment of a
49	49	child committed to the Texas Juvenile Justice Department [Youth
50	50	Commission] under Title 3 when the person having the right to
51	51	consent has been contacted and that person has not given actual
52	52	notice to the contrary. Consent for medical, dental,
53	53	psychological, and surgical treatment of a child for whom the
54	54	Department of Family and Protective Services has been appointed
55	55	managing conservator and who is committed to the Texas Juvenile
56	56	Justice Department [Youth Commission] is governed by Sections
57	57	266.004, 266.009, and 266.010.
58	58	(d) A person who consents to the medical treatment of a
59	59	child [minor] under this section [Subsection (a)(7) or (8)] is
60	60	immune from liability for damages resulting from the examination or
61	61	treatment of the child [minor], except to the extent of the person's
62	62	own acts of negligence. A physician or dentist licensed to practice
63	63	in this state, or a hospital or medical facility at which a child
64	64	[minor] is treated is immune from liability for damages resulting
65	65	from the examination or treatment of a child [minor] under this
66	66	section, except to the extent of the person's own acts of
67	67	negligence.
68	68	SECTION 2. Section 32.003(a), Family Code, is amended to
69	69	read as follows:
70	70	(a) A child may consent to medical, dental, psychological,
71	71	and surgical treatment for the child by a licensed physician or
72	72	dentist if the child:
73	73	(1) is on active duty with the armed services of the
74	74	United States of America;
75	75	(2) is:
76	76	(A) 16 years of age or older and resides separate
77	77	and apart from the child's parents, managing conservator, or
78	78	guardian, with or without the consent of the parents, managing
79	79	conservator, or guardian and regardless of the duration of the
80	80	residence; and
81	81	(B) managing the child's own financial affairs,
82	82	regardless of the source of the income;
83	83	(3) consents to the diagnosis and treatment of an
84	84	infectious, contagious, or communicable disease that is required by
85	85	law or a rule to be reported by the licensed physician or dentist to
86	86	a local health officer or the [Texas] Department of State Health
87	87	Services, including all diseases within the scope of Section
88	88	81.041, Health and Safety Code;
89	89	(4) is unmarried and pregnant and consents to
90	90	hospital, medical, or surgical treatment, other than abortion,
91	91	related to the pregnancy;
92	92	(5) consents to examination and treatment for drug or
93	93	chemical addiction, drug or chemical dependency, or any other
94	94	condition directly related to drug or chemical use;
95	95	(6) is unmarried, is the parent of a child, and has
96	96	actual custody of his or her child and consents to medical, dental,
97	97	psychological, or surgical treatment for the child; or
98	98	(7) is serving a term of confinement in a facility
99	99	operated by or under contract with the Texas Department of Criminal
100	100	Justice, unless the treatment would constitute a prohibited
101	101	practice under Section 164.052(a)(19), Occupations Code.
102	102	SECTION 3. Sections 32.101(b) and (d), Family Code, are
103	103	amended to read as follows:
104	104	(b) If the persons listed in Subsection (a) are not
105	105	available and the authority to consent is not denied under
106	106	Subsection (c), consent to the immunization of a child may be given
107	107	by a person listed in Sections 32.001(a)(1)-(9) [:
108	108	[(1) a grandparent of the child;
109	109	[(2) an adult brother or sister of the child;
110	110	[(3) an adult aunt or uncle of the child;
111	111	[(4) a stepparent of the child;
112	112	[(5) an educational institution in which the child is
113	113	enrolled that has written authorization to consent for the child
114	114	from a parent, managing conservator, guardian, or other person who
115	115	under the law of another state or a court order may consent for the
116	116	child;
117	117	[(6) another adult who has actual care, control, and
118	118	possession of the child and has written authorization to consent
119	119	for the child from a parent, managing conservator, guardian, or
120	120	other person who, under the law of another state or a court order,
121	121	may consent for the child;
122	122	[(7) a court having jurisdiction of a suit affecting
123	123	the parent-child relationship of which the minor is the subject;
124	124	[(8) an adult having actual care, control, and
125	125	possession of the child under an order of a juvenile court or by
126	126	commitment by a juvenile court to the care of an agency of the state
127	127	or county; or
128	128	[(9) an adult having actual care, control, and
129	129	possession of the child as the child's primary caregiver].
130	130	(d) The Texas Juvenile Justice Department [Youth
131	131	Commission] may consent to the immunization of a child committed to
132	132	it if a parent, managing conservator, or guardian of the child
133	133	[minor] or other person who, under the law of another state or court
134	134	order, may consent for the child [minor] has been contacted and:
135	135	(1) refuses to consent; and
136	136	(2) does not expressly deny to the Texas Juvenile
137	137	Justice Department [Youth Commission] the authority to consent for
138	138	the child.
139	139	SECTION 4. This Act takes effect September 1, 2015.