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H.B. No. 320
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amended by adding Section 261.111 to read as follows:
Sec. 261.111. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL
TREATMENT OF CHILD. (a) In this section, "psychotropic drug" means
a substance that is:
(1) used in the diagnosis, treatment, or prevention of
a disease or as a component of a medication; and
(2) intended to have an altering effect on perception,
emotion, or behavior.
(b) The refusal of a parent, guardian, or managing or
possessory conservator of a child to administer or consent to the
administration of a psychotropic drug to the child, or to consent to
any other psychiatric or psychological treatment of the child, does
not by itself constitute neglect of the child unless the refusal to
consent:
(1) presents a substantial risk of death,
disfigurement, or bodily injury to the child; or
(2) has resulted in an observable and material
impairment to the growth, development, or functioning of the child.
SECTION 4. 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, 2003.