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A BILL TO BE ENTITLED
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AN ACT
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relating to certain policies and procedures for health care |
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specialty consultations in certain child abuse or neglect |
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investigations and assessments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.3017, Family Code, is amended by |
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amending Subsections (c-1) and (d) and adding Subsections (c-3) and |
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(e-1) to read as follows: |
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(c-1) For a case in which a specialty consultation is |
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required by Subsection (c), the department shall refer the case to a |
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physician who: |
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(1) is licensed to practice medicine in this state |
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under Subtitle B, Title 3, Occupations Code; |
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(2) is board certified in a field or specialty |
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relevant to diagnosing and treating the conditions described by |
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Subsection (b); [and] |
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(3) was not involved with the report of suspected |
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abuse or neglect; and |
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(4) was not involved in reviewing the case, including |
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as a member of a review team under Section 261.312 or a |
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multidisciplinary team under Subchapter E, Chapter 264. |
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(c-3) Before referring a child's case under Subsection (c), |
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the department shall provide to the child's parent or legal |
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guardian or, if represented by an attorney, the attorney of the |
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parent or legal guardian all medical records, including |
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radiographs, images, and other documents used by the department and |
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the network during the abuse or neglect investigation. |
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(d) In providing assessments to the department as provided |
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by Subsection (b), the network and the system must use a blind peer |
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review process to resolve cases where physicians in the network or |
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system disagree in the assessment of the causes of a child's |
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injuries or in the presence of a condition listed under Subsection |
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(b). The department shall provide to the child's parent or legal |
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guardian or, if represented by an attorney, the attorney of the |
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parent or legal guardian the information used to resolve a case |
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described by this subsection, including the names of the |
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physicians, the physicians' opinions, the possible conflicting |
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conditions, all assessments conducted on the child who is the |
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subject of the case, and all medical records related to the child. |
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(e-1) The department, a referring provider, including a |
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hospital, and the network may not obstruct, prevent, or inhibit a |
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child's parent or legal guardian or, if represented by an attorney, |
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the attorney of the parent or legal guardian from obtaining all |
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medical records and documentation necessary to request an |
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alternative opinion, including access to the child for that |
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purpose. |
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SECTION 2. Sections 261.30175(b), (c), and (d), Family |
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Code, are amended to read as follows: |
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(b) A health care practitioner who reports suspected abuse |
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or neglect of a child or was involved in reviewing the case, |
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including as a member of a review team under Section 261.312 or a |
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multidisciplinary team under Subchapter E, Chapter 264, may not |
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provide forensic assessment services in connection with an |
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investigation resulting from the report. This subsection applies |
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regardless of whether the practitioner is a member of the network or |
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system. |
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(c) When referring a case for forensic assessment, the |
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department shall refer the case to a physician authorized to |
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practice medicine in this state under Subtitle B, Title 3, |
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Occupations Code, who was not involved: |
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(1) with the report of suspected abuse or neglect; or |
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(2) in reviewing the case, including as a member of a |
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review team under Section 261.312 or a multidisciplinary team under |
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Subchapter E, Chapter 264. |
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(d) This section may not be construed to: |
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(1) prohibit the department from interviewing the |
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health care practitioner in the practitioner's capacity as a |
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principal or collateral source; [or] |
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(2) otherwise restrict the department's ability to |
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conduct an investigation as provided by this subchapter; or |
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(3) restrict the ability of the child's parent or legal |
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guardian or, if represented by an attorney, the attorney of the |
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parent or legal guardian to receive all medical records and |
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documentation relating to a case in which the network is consulted. |
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SECTION 3. This Act takes effect September 1, 2023. |