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A BILL TO BE ENTITLED
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AN ACT
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relating to health care specialty consultations in certain child |
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abuse or neglect 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, as added by |
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Chapter 502 (H.B. 2848), Acts of the 85th Legislature, Regular |
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Session, 2017, is amended by amending Subsections (b) and (c) and |
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adding Subsections (c-1), (c-2), and (e) to read as follows: |
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(b) Any agreement between the department and the network or |
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between the Department of State Health Services and the system to |
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provide assistance in connection with abuse and neglect |
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investigations conducted by the department must require the network |
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and the system to have the ability to obtain consultations with |
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physicians, including radiologists, geneticists, orthopedists, and |
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endocrinologists, who specialize in identifying unique health |
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conditions, including: |
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(1) rickets; |
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(2) Ehlers-Danlos Syndrome; |
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(3) osteogenesis imperfecta; |
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(4) vitamin D deficiency; and |
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(5) other similar metabolic bone diseases or |
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connective tissue disorders. |
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(c) During [If, during] an abuse or neglect investigation or |
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an assessment provided under Subsection (b), the department or a |
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physician in the network [determines that a child requires a
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specialty consultation with a physician, the department or the
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physician] shall refer the child's case to the system for a |
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specialty [the] consultation[,] if: |
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(1) the department or physician determines that the |
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child requires a specialty consultation with another physician; |
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(2) the child's primary care physician or other health |
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care provider who provided health care or treatment or otherwise |
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evaluated the child recommends a specialty consultation; or |
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(3) the child's parent or legal guardian or the |
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attorney of the parent or guardian requests a specialty |
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consultation [the system has available capacity to take the child's
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case]. |
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(c-1) Before referring a child's case under Subsection (c), |
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the department or physician in the network shall provide to the |
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child's parent or legal guardian and any attorney of the parent or |
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guardian written notice of the name, contact information, and |
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credentials of the specialist. The parent or guardian may reject |
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the proposed referral and request referral to a specialist who is |
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selected by the parent or guardian and who has adequate expertise in |
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identifying the unique health conditions described by Subsection |
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(b). |
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(c-2) If a parent or legal guardian makes a request under |
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Subsection (c-1), the department or physician and the parent or |
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guardian shall collaborate in good faith to identify a mutually |
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acceptable specialist with the appropriate expertise. |
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(e) This section may not be construed to prohibit a child's |
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parent or legal guardian from obtaining a second opinion from a |
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physician or other health care provider of the parent's or |
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guardian's choice. |
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SECTION 2. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.30175 to read as follows: |
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Sec. 261.30175. MITIGATION OF PROVIDER CONFLICTS IN ABUSE |
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OR NEGLECT INVESTIGATION CONSULTATIONS. (a) In this section: |
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(1) "Consultation" means a medical evaluation, |
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psychosocial assessment, medical case review, specialty |
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evaluation, or other forensic consultation service provided in |
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connection with a suspected case of abuse or neglect. |
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(2) "Health care provider" means an individual or |
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facility licensed, certified, or otherwise authorized to |
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administer health care services, for profit or otherwise, in the |
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ordinary course of business or professional practice. The term |
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includes a physician, medical student, resident physician, child |
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abuse fellow, advanced practice registered nurse, nurse, and |
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physician assistant. |
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(3) "Network" has the meaning assigned by Section |
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261.3017. |
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(4) "System" has the meaning assigned by Section |
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261.3017. |
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(b) A health care provider who reports the suspected abuse |
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or neglect of a child may not serve as a consultant to the |
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department on the reported case, and the department shall refer the |
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case to another health care provider for consultation. This |
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subsection applies regardless of whether the provider is a member |
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of the network or system. |
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(c) The network and system shall provide consultations for |
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the department on suspected child abuse or neglect cases through a |
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blind peer review process that conceals the identity of the alleged |
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victim, the alleged perpetrator, and the reporting health care |
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provider. |
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(d) To protect the integrity of an investigation and ensure |
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the privacy of all parties to the investigation, the network and |
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system shall select for a consultation on a suspected child abuse or |
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neglect case a health care provider who is located outside the |
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geographic areas where the alleged abuse or neglect occurred and |
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the reporting health care provider practices. |
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SECTION 3. This Act takes effect September 1, 2019. |