bill lets some minors consent to postpartum and contraceptive care

The text as introduced · 408 words

89R4383 EAS-F

By: Eckhardt, et al.
S.B. No. 348

A BILL TO BE ENTITLED

AN ACT

relating to the capacity of certain minors to consent to

examination and postpartum or contraception-related medical

treatment.

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 [ 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 or recently pregnant and

consents to hospital, medical, or surgical treatment, other than

abortion, related to the pregnancy , including postpartum medical

treatment ;

(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 .

SECTION 2. 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, 2025.