BILL ANALYSIS

 

 

Senate Research Center

S.B. 2826

 

By: Parker

 

Health & Human Services

 

4/25/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Medical child abuse, a form of maltreatment where caregivers intentionally fabricate or induce medical conditions in a child, poses a significant threat to children's safety. This abuse often goes unnoticed due to its deceptive nature, leading to unnecessary medical procedures and long-term harm. Texas has seen a growing recognition of this issue, exemplified by notable cases that have highlighted the need for standardized training in identifying and preventing such abuse.

 

S.B. 2826, known as Alyssa's Law, seeks to combat medical child abuse by establishing a statewide education program for medical students, healthcare professionals, and Child Protective Services (CPS) caseworkers. The bill aims to provide standardized training on recognizing and responding to medical child abuse, ensuring better collaboration between healthcare providers and CPS. The goal is to protect children through early identification, informed interventions, and improved protocols for case evaluation, ultimately enhancing child safety while respecting the due process rights of families.

 

As proposed, S.B. 2826 amends current law relating to the establishment of an education-based program to prevent medical child abuse through standardized training for medical students, healthcare professionals, and child protective services caseworkers.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 531, Government Code, by adding Subchapter X, as follows:

 

SUBCHAPTER X. MEDICAL CHILD ABUSE EDUCATION PROGRAM

 

Sec. 531.981. SHORT TITLE. Authorizes this subchapter to be cited as "Alyssa's Law."

 

Sec. 531.982. DEFINITIONS. Defines "medical child abuse" and "medical child abuse prevention training."

 

Sec. 531.983. ESTABLISHMENT OF MEDICAL CHILD ABUSE EDUCATION PROGRAM.

 

(a) Requires the Health and Human Services Commission (HHSC), in collaboration with the Texas Medical Board (TMB), the Department of Family and Protective Services (DFPS), and accredited healthcare institutions, using existing resources, grants, and programs to the extent possible, not later than September 1, 2027, to establish and administer a program to define and identify medical child abuse based on clinical, behavioral, and legal standards, train medical students, licensed healthcare professionals, and child protective services (CPS) caseworkers to recognize and respond to medical child abuse cases, implement standardized training protocols for medical schools, hospitals, and social services agencies, develop continuing education modules for medical professionals and child welfare personnel, ensure that training programs incorporate best practices for thorough case evaluation before CPS intervention, and promote collaboration between CPS caseworkers and medical professionals to improve accuracy in identifying medical child abuse.

 

(b) Requires that the program ensure that all training modules reflect the clinical indicators of medical child abuse, the distinction between legitimate medical conditions and fabricated illness claims, the ethical and legal considerations in child abuse reporting, best practices for peer review and medical consultation before CPS intervention, and procedures for multidisciplinary case review to ensure investigative accuracy.

 

Sec. 531.984. INTEGRATION INTO MEDICAL AND PROFESSIONAL TRAINING.

 

(a) Requires Texas medical schools to integrate medical child abuse education into their curricula as part of students' professional training.

 

(b) Requires TMB, in consultation with HHSC and DFPS, to require continuing medical education requirements that include identifying and preventing medical child abuse, recognizing patterns of falsified symptoms and unnecessary medical procedures, distinguishing true medical concerns from fabricated abuse allegations, and legal responsibilities for reporting suspected cases.

 

(c) Requires DFPS to ensure that CPS investigators and caseworkers receive annual training on investigative protocols for suspected medical child abuse, how to collaborate with medical professionals before taking legal action, and the role of peer-reviewed medical assessments in child abuse cases.

 

Sec. 531.985. IMPLEMENTATION AND OVERSIGHT. (a) Requires HHSC, in collaboration with TMB and DFPS, to oversee the development and implementation of the medical child abuse education program under this subchapter.

 

(b) Requires that the program be made accessible to all medical students, healthcare professionals, and child protective services caseworkers as part of their required training and continuing education.

 

SECTION 2. Effective date: September 1, 2025.