Bill Text: TX HB938 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the capacity of certain minors to consent to maternal health care.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2019-05-06 - Committee report sent to Calendars [HB938 Detail]

Download: Texas-2019-HB938-Comm_Sub.html
  86R11571 KKR-D
 
  By: Davis of Harris, Farrar, Ramos, et al. H.B. No. 938
 
  Substitute the following for H.B. No. 938:
 
  By:  Frank C.S.H.B. No. 938
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the capacity of certain minors to consent to maternal
  health care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.003, Family Code, is amended by
  amending Subsection (a) and adding Subsection (g) 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 [Texas] Department of State Health
  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; or
               (8)  is unmarried, is the mother of a child, and
  consents to examination or contraception-related medical
  treatment, other than abortion.
         (g)  In this section, "contraception" means any reversible
  method of preventing pregnancy that is approved by the United
  States Food and Drug Administration.
         SECTION 2.  This Act takes effect September 1, 2019.
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