(a) A child may consent to counseling for:
- (1) suicide prevention;
- (2) chemical addiction or dependency; or
- (3) sexual, physical, or emotional abuse.
(b) A licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused, is contemplating suicide, or is suffering from a chemical or drug addiction or dependency may:
- (1) counsel the child without the consent of the child's parents or, if applicable, managing conservator or guardian;
- (2) with or without the consent of the child who is a client, advise the child's parents or, if applicable, managing conservator or guardian of the treatment given to or needed by the child; and
- (3) rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's own treatment under this section.
- (c) Unless consent is obtained as otherwise allowed by law, a physician, psychologist, counselor, or social worker may not counsel a child if consent is prohibited by a court order.
- (d) A physician, psychologist, counselor, or social worker counseling a child under this section is not liable for damages except for damages resulting from the person's negligence or wilful misconduct.
- (e) A parent, or, if applicable, managing conservator or guardian, who has not consented to counseling treatment of the child is not obligated to compensate a physician, psychologist, counselor, or social worker for counseling services rendered under this section.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.