SB 11, Hse 2nd Rdg, Amnd #6

(1) On page 13, lines 18 and 19, strike "is examined and receives a mental health screening conducted by" and substitute "receives an initial medical examination and a mental health screening from".

(2) On page 13, following line 27, insert the following:

(c) Notwithstanding Subsection (b), the department shall ensure that any child that enters the conservatorship of the department receives any necessary emergency medical care as soon as possible.

(d) A physician or other health care provider conducting an examination under Subsection (b) may not administer a vaccination as part of the examination, except that a physician or other health care provider may administer a tetanus vaccination to a child in a commercially available preparation if the physician or other health care provider determines that an emergency circumstance requires the administration of the vaccination. The prohibition on the administration of a vaccination under this subsection does not apply after the department has been named managing conservator of the child after a hearing under Section 262.106 or 262.201.

(3) On page 14, line 1, strike "(c)" and substitute "(e)".

(4) On page 14, line 5, strike "(d)" and substitute "(f)".

(5) On page 14, line 6, strike "relevant medical practitioners" and substitute "selected physicians and other health care providers authorized under state law to conduct medical examinations".

(6) On page 14, line 9, following "screening.", insert the following:

The guidelines developed under this subsection must provide assistance and guidance regarding:

(1) assessing a child for:

(A) signs and symptoms of child abuse and neglect;

(B) the presence of acute or chronic illness; and

(2) monitoring the adjustment of a child to the conservatorship of the department;

(3) ensuring a child has necessary medical equipment and any medication prescribed to the child or needed by the child; and

(4) providing appropriate support and education to a child's caregivers.

(7) On page 14, between lines 9 and 10, insert the following:

(g) Notwithstanding any other law, the guidelines developed under Subsection (f) do not create a standard of care for a physician or other health care provider authorized under state law to conduct medical examinations, and a physician or other health care provider may not be subject to criminal, civil, or administrative penalty or civil liability for failure to adhere to the guidelines.