Bill Text: TX HB2429 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the persons who may consent to the medical care or immunization of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB2429 Detail]
Download: Texas-2015-HB2429-Comm_Sub.html
84R20277 JSC-F | |||
By: Vo | H.B. No. 2429 | ||
Substitute the following for H.B. No. 2429: | |||
By: Dutton | C.S.H.B. No. 2429 |
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relating to the persons who may consent to the medical care or | ||
immunization of a child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 32.001(a), (b), and (d), Family Code, | ||
are amended to read as follows: | ||
(a) The following persons may consent to medical, dental, | ||
psychological, and surgical treatment of a child when the person | ||
having the right to consent as otherwise provided by law cannot be | ||
contacted and that person has not given actual notice to the | ||
contrary: | ||
(1) a grandparent of the child; | ||
(2) an adult brother or sister of the child; | ||
(3) an adult aunt or uncle of the child; | ||
(4) a stepparent of the child; | ||
(5) an educational institution in which the child is | ||
enrolled that has received written authorization to consent for the | ||
child from a parent, managing conservator, guardian, or other | ||
person who, under the law of another state or a court order, may | ||
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(6) [ |
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possession of the child and has written authorization to consent | ||
for the child from a parent, managing conservator, guardian, or | ||
other person who, under the law of another state or a court order, | ||
may [ |
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(7) [ |
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affecting the parent-child relationship of which the child is the | ||
subject; | ||
(8) [ |
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actual care, control, and possession of a child under the | ||
jurisdiction of a juvenile court or committed by a juvenile court to | ||
the care of an agency of the state or county; | ||
(9) an adult who has actual care, control, and | ||
possession of the child as the child's primary caregiver; or | ||
(10) [ |
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custody of a child [ |
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grounds to believe the child [ |
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treatment. | ||
(b) Except as otherwise provided by this subsection, the | ||
Texas Juvenile Justice Department [ |
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the medical, dental, psychological, and surgical treatment of a | ||
child committed to the Texas Juvenile Justice Department [ |
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consent has been contacted and that person has not given actual | ||
notice to the contrary. Consent for medical, dental, | ||
psychological, and surgical treatment of a child for whom the | ||
Department of Family and Protective Services has been appointed | ||
managing conservator and who is committed to the Texas Juvenile | ||
Justice Department [ |
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266.004, 266.009, and 266.010. | ||
(d) A person who consents to the medical treatment of a | ||
child [ |
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immune from liability for damages resulting from the examination or | ||
treatment of the child [ |
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own acts of negligence. A physician or dentist licensed to practice | ||
in this state, or a hospital or medical facility at which a child | ||
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from the examination or treatment of a child [ |
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section, except to the extent of the person's own acts of | ||
negligence. | ||
SECTION 2. Section 32.003(a), Family Code, is amended to | ||
read as follows: | ||
(a) A child may consent to medical, dental, psychological, | ||
and surgical treatment for the child by a licensed physician or | ||
dentist if the child: | ||
(1) is on active duty with the armed services of the | ||
United States of America; | ||
(2) is: | ||
(A) 16 years of age or older and resides separate | ||
and apart from the child's parents, managing conservator, or | ||
guardian, with or without the consent of the parents, managing | ||
conservator, or guardian and regardless of the duration of the | ||
residence; and | ||
(B) managing the child's own financial affairs, | ||
regardless of the source of the income; | ||
(3) consents to the diagnosis and treatment of an | ||
infectious, contagious, or communicable disease that is required by | ||
law or a rule to be reported by the licensed physician or dentist to | ||
a local health officer or the [ |
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Services, including all diseases within the scope of Section | ||
81.041, Health and Safety Code; | ||
(4) is unmarried and pregnant and consents to | ||
hospital, medical, or surgical treatment, other than abortion, | ||
related to the pregnancy; | ||
(5) consents to examination and treatment for drug or | ||
chemical addiction, drug or chemical dependency, or any other | ||
condition directly related to drug or chemical use; | ||
(6) is unmarried, is the parent of a child, and has | ||
actual custody of his or her child and consents to medical, dental, | ||
psychological, or surgical treatment for the child; or | ||
(7) is serving a term of confinement in a facility | ||
operated by or under contract with the Texas Department of Criminal | ||
Justice, unless the treatment would constitute a prohibited | ||
practice under Section 164.052(a)(19), Occupations Code. | ||
SECTION 3. Sections 32.101(b) and (d), Family Code, are | ||
amended to read as follows: | ||
(b) If the persons listed in Subsection (a) are not | ||
available and the authority to consent is not denied under | ||
Subsection (c), consent to the immunization of a child may be given | ||
by a person listed in Sections 32.001(a)(1)-(9) [ |
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(d) The Texas Juvenile Justice Department [ |
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it if a parent, managing conservator, or guardian of the child | ||
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order, may consent for the child [ |
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(1) refuses to consent; and | ||
(2) does not expressly deny to the Texas Juvenile | ||
Justice Department [ |
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the child. | ||
SECTION 4. This Act takes effect September 1, 2015. |