minor parents can consent to their own medical care

The text as introduced · 439 words

89R3782 KRM-D

By: Gámez
H.B. No. 2159

A BILL TO BE ENTITLED

AN ACT

relating to the capacity of a minor to consent to certain treatment

for the minor or the minor's child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 32, Family Code, is

amended to read as follows:

CHAPTER 32. CONSENT TO CERTAIN TREATMENT , CARE, AND SERVICES FOR

[ OF ] CHILD BY NON-PARENT , MINOR PARENT, OR CHILD

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 Texas Department of Health, 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 that [ 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. Subchapter A, Chapter 32, Family Code, is

amended by adding Section 32.0031 to read as follows:

Sec. 32.0031. CONSENT TO TREATMENT OF CHILD BY MINOR

PARENT. A minor who is the parent of a child may consent to medical,

dental, psychological, and surgical treatment for the child by a

licensed physician or dentist if the minor:

(1) is unmarried; and

(2) has actual custody of the child.

SECTION 4. This Act takes effect September 1, 2025.