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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain preventive health and family planning |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child may consent to medical, dental, psychological, |
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and surgical treatment for the child by a licensed physician or |
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dentist if the child: |
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(1) is on active duty with the armed services of the |
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United States of America; |
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(2) is: |
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(A) 16 years of age or older and resides separate |
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and apart from the child's parents, managing conservator, or |
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guardian, with or without the consent of the parents, managing |
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conservator, or guardian and regardless of the duration of the |
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residence; and |
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(B) managing the child's own financial affairs, |
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regardless of the source of the income; |
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(3) consents to the diagnosis and treatment of an |
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infectious, contagious, or communicable disease that is required by |
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law or a rule to be reported by the licensed physician or dentist to |
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a local health officer or the [Texas] Department of State Health |
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Services, including all diseases within the scope of Section |
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81.041, Health and Safety Code; |
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(4) is unmarried and pregnant and consents to |
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hospital, medical, or surgical treatment, other than abortion, |
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related to the pregnancy; |
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(5) consents to examination and treatment for drug or |
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chemical addiction, drug or chemical dependency, or any other |
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condition directly related to drug or chemical use; |
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(6) is unmarried, is the parent of a child, and has |
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actual custody of his or her child and consents to medical, dental, |
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psychological, or surgical treatment for the child; [or] |
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(7) is serving a term of confinement in a facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice, unless the treatment would constitute a prohibited |
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practice under Section 164.052(a)(19), Occupations Code; or |
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(8) is the mother of a child and consents to |
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examination or medical treatment, other than abortion, related to |
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family planning. |
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SECTION 2. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 49 to read as follows: |
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CHAPTER 49. ACCESS TO FAMILY PLANNING |
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Sec. 49.001. AGE OF ELIGIBILITY. A minor who does not meet |
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the age requirement for eligibility for a program administered by |
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this state that provides family planning services is entitled to |
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receive family planning services from that program if the minor: |
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(1) meets all other eligibility criteria for that |
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program; and |
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(2) is the mother of a child. |
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Sec. 49.002. CONSENT. (a) A minor described by Section |
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49.001 may consent to family planning services provided by a |
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program administered by this state. |
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(b) A state program providing family planning services may |
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not require the consent of the minor's parent or guardian as a |
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condition for providing family planning services to a minor |
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described by Section 49.001. |
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SECTION 3. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0249 to read as follows: |
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Sec. 32.0249. AUTOMATIC ENROLLMENT OF CERTAIN WOMEN IN |
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TEXAS WOMEN'S HEALTH PROGRAM. (a) In this section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Texas women's health program" means a program |
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operated by the department or the commission that is substantially |
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similar to the demonstration project operated by the department |
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under former Section 32.0248 and that is intended to expand access |
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to preventive health and family planning services for women in this |
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state. |
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(b) The department or the commission, as applicable, shall |
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automatically enroll a woman in the Texas women's health program |
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following a pregnancy for which the woman received benefits through |
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the medical assistance program if she: |
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(1) is younger than 20 years of age; and |
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(2) is no longer eligible to participate in the |
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medical assistance program. |
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(c) Notwithstanding any other law, a woman younger than 18 |
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years of age who is enrolled in the Texas women's health program |
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under Subsection (b) may consent to family planning services |
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provided through the Texas women's health program, and a provider |
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under the Texas women's health program may not require the consent |
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of the woman's parent or guardian as a condition for providing |
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family planning services to the woman. |
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(d) To the extent possible, the department or the |
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commission, as applicable, shall modify applicable administrative |
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procedures to ensure that a woman described by Subsection (b) |
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maintains continuous eligibility for any services provided by both |
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the medical assistance program and the Texas women's health program |
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during the transition from participation in the medical assistance |
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program to participation in the Texas women's health program. |
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(e) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |