Bill Text: TX SB1161 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to access to certain preventive health and family planning services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-09 - Referred to Health & Human Services [SB1161 Detail]
Download: Texas-2017-SB1161-Introduced.html
85R8758 KKR-D | ||
By: Garcia | S.B. No. 1161 |
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relating to access to certain preventive health and family planning | ||
services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 the [ |
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dental, psychological, or surgical treatment for the child; [ |
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(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 the mother of a child and consents to | ||
examination or medical treatment, other than abortion, related to | ||
family planning. | ||
SECTION 2. Subtitle B, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 50 to read as follows: | ||
CHAPTER 50. ACCESS TO FAMILY PLANNING | ||
Sec. 50.001. AGE OF ELIGIBILITY. A minor who does not meet | ||
the age requirement for eligibility for a program administered by | ||
this state that provides family planning services is entitled to | ||
receive family planning services from that program if the minor: | ||
(1) meets all other eligibility criteria for that | ||
program; and | ||
(2) is the mother of a child. | ||
Sec. 50.002. CONSENT. (a) A minor described by Section | ||
50.001 may consent to family planning services provided by a | ||
program administered by this state. | ||
(b) A state program providing family planning services may | ||
not require the consent of the minor's parent or guardian as a | ||
condition for providing family planning services to a minor | ||
described by Section 50.001. | ||
SECTION 3. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.02491 to read as follows: | ||
Sec. 32.02491. AUTOMATIC ENROLLMENT OF CERTAIN WOMEN IN | ||
TEXAS WOMEN'S HEALTH PROGRAM. (a) In this section, "Texas women's | ||
health program" means a program operated by the commission that is | ||
substantially similar to the demonstration project operated by the | ||
Department of State Health Services under former Section 32.0248 | ||
and that is intended to expand access to preventive health and | ||
family planning services for women in this state. | ||
(b) The commission shall automatically enroll a woman in the | ||
Texas women's health program following a pregnancy for which the | ||
woman received benefits through the medical assistance program if | ||
she: | ||
(1) is younger than 20 years of age; and | ||
(2) is no longer eligible to participate in the | ||
medical assistance program. | ||
(c) Notwithstanding any other law, a woman younger than 18 | ||
years of age who is enrolled in the Texas women's health program | ||
under Subsection (b) may consent to family planning services | ||
provided through the Texas women's health program, and a provider | ||
under the Texas women's health program may not require the consent | ||
of the woman's parent or guardian as a condition for providing | ||
family planning services to the woman. | ||
(d) To the extent possible, the commission shall modify | ||
applicable administrative procedures to ensure that a woman | ||
described by Subsection (b) maintains continuous eligibility for | ||
any services provided by both the medical assistance program and | ||
the Texas women's health program during the transition from | ||
participation in the medical assistance program to participation in | ||
the Texas women's health program. | ||
(e) The executive commissioner shall adopt rules necessary | ||
to implement this section. | ||
SECTION 4. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |