5 | 3 | | |
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6 | 4 | | |
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7 | 5 | | A BILL TO BE ENTITLED |
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8 | 6 | | AN ACT |
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9 | 7 | | relating to a court order for health care for a child in the |
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10 | 8 | | conservatorship of the Department of Family and Protective |
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11 | 9 | | Services. |
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12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 11 | | SECTION 1. The heading to Chapter 266, Family Code, is |
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14 | 12 | | amended to read as follows: |
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15 | 13 | | CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN |
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16 | 14 | | CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
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17 | 15 | | [FOSTER CARE] |
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18 | 16 | | SECTION 2. Chapter 266, Family Code, is amended by adding |
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19 | 17 | | Section 266.005 to read as follows: |
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20 | 18 | | Sec. 266.005. CONSULTATION FOR HEALTH CARE. (a) A court |
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21 | 19 | | may not render an order requiring or prohibiting specific health |
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22 | 20 | | care services, procedures, or treatments, including mental health |
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23 | 21 | | care services, procedures, or treatments, for a child in the |
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24 | 22 | | conservatorship of the department unless the court verifies that a |
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25 | 23 | | health professional providing services, procedures, or treatments |
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26 | 24 | | within the scope of practice of the health professional's |
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27 | 25 | | occupation has been consulted regarding the proposed care and has |
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28 | 26 | | recommended the proposed care. |
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29 | 27 | | (b) Subsection (a) does not apply to a court order for |
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30 | 28 | | emergency medical care, including mental health care, for a child |
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31 | 29 | | in the conservatorship of the department. |
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32 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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33 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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34 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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35 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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36 | 34 | | Act takes effect September 1, 2017. |
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