| 1 | 1 | | 88R854 EAS-F |
|---|
| 2 | 2 | | By: Eckhardt, et al. S.B. No. 2466 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the capacity of certain minors to consent to |
|---|
| 8 | 8 | | examination and postpartum or contraception-related medical |
|---|
| 9 | 9 | | treatment. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 32.003(a), Family Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (a) A child may consent to medical, dental, psychological, |
|---|
| 14 | 14 | | and surgical treatment for the child by a licensed physician or |
|---|
| 15 | 15 | | dentist if the child: |
|---|
| 16 | 16 | | (1) is on active duty with the armed services of the |
|---|
| 17 | 17 | | United States of America; |
|---|
| 18 | 18 | | (2) is: |
|---|
| 19 | 19 | | (A) 16 years of age or older and resides separate |
|---|
| 20 | 20 | | and apart from the child's parents, managing conservator, or |
|---|
| 21 | 21 | | guardian, with or without the consent of the parents, managing |
|---|
| 22 | 22 | | conservator, or guardian and regardless of the duration of the |
|---|
| 23 | 23 | | residence; and |
|---|
| 24 | 24 | | (B) managing the child's own financial affairs, |
|---|
| 25 | 25 | | regardless of the source of the income; |
|---|
| 26 | 26 | | (3) consents to the diagnosis and treatment of an |
|---|
| 27 | 27 | | infectious, contagious, or communicable disease that is required by |
|---|
| 28 | 28 | | law or a rule to be reported by the licensed physician or dentist to |
|---|
| 29 | 29 | | a local health officer or the [Texas] Department of State Health |
|---|
| 30 | 30 | | Services, including all diseases within the scope of Section |
|---|
| 31 | 31 | | 81.041, Health and Safety Code; |
|---|
| 32 | 32 | | (4) is unmarried and pregnant or recently pregnant and |
|---|
| 33 | 33 | | consents to hospital, medical, or surgical treatment, other than |
|---|
| 34 | 34 | | abortion, related to the pregnancy, including postpartum medical |
|---|
| 35 | 35 | | treatment; |
|---|
| 36 | 36 | | (5) consents to examination and treatment for drug or |
|---|
| 37 | 37 | | chemical addiction, drug or chemical dependency, or any other |
|---|
| 38 | 38 | | condition directly related to drug or chemical use; |
|---|
| 39 | 39 | | (6) is unmarried, is the parent of a child, and has |
|---|
| 40 | 40 | | actual custody of his or her child and consents to medical, dental, |
|---|
| 41 | 41 | | psychological, or surgical treatment for the child; [or] |
|---|
| 42 | 42 | | (7) is serving a term of confinement in a facility |
|---|
| 43 | 43 | | operated by or under contract with the Texas Department of Criminal |
|---|
| 44 | 44 | | Justice, unless the treatment would constitute a prohibited |
|---|
| 45 | 45 | | practice under Section 164.052(a)(19), Occupations Code; or |
|---|
| 46 | 46 | | (8) is unmarried, is the mother of a child, and |
|---|
| 47 | 47 | | consents to examination or contraception-related medical |
|---|
| 48 | 48 | | treatment, other than abortion. |
|---|
| 49 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 53 | 53 | | Act takes effect September 1, 2023. |
|---|