86R8296 SCL-F
By: Klick H.B. No. 2134
A BILL TO BE ENTITLED
AN ACT
relating to health care specialty consultations in certain child
abuse or neglect investigations and assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.3017, Family Code, as added by
Chapter 502 (H.B. 2848), Acts of the 85th Legislature, Regular
Session, 2017, is amended by amending Subsections (b) and (c) and
adding Subsections (c-1), (c-2), and (e) to read as follows:
(b) Any agreement between the department and the network or
between the Department of State Health Services and the system to
provide assistance in connection with abuse and neglect
investigations conducted by the department must require the network
and the system to have the ability to obtain consultations with
physicians, including radiologists, geneticists, orthopedists, and
endocrinologists, who specialize in identifying unique health
conditions, including:
(1) rickets;
(2) Ehlers-Danlos Syndrome;
(3) osteogenesis imperfecta;
(4) vitamin D deficiency; and
(5) other similar metabolic bone diseases or
connective tissue disorders.
(c) During [If, during] an abuse or neglect investigation or
an assessment provided under Subsection (b), the department or a
physician in the network [determines that a child requires a
specialty consultation with a physician, the department or the
physician] shall refer the child's case to the system for a
specialty [the] consultation[,] if:
(1) the department or physician determines that the
child requires a specialty consultation with another physician;
(2) the child's primary care physician or other health
care provider who provided health care or treatment or otherwise
evaluated the child recommends a specialty consultation; or
(3) the child's parent or legal guardian or the
attorney of the parent or guardian requests a specialty
consultation [the system has available capacity to take the child's
case].
(c-1) Before referring a child's case under Subsection (c),
the department or physician in the network shall provide to the
child's parent or legal guardian and any attorney of the parent or
guardian written notice of the name, contact information, and
credentials of the specialist. The parent or guardian may reject
the proposed referral and request referral to a specialist who is
selected by the parent or guardian and who has adequate expertise in
identifying the unique health conditions described by Subsection
(b).
(c-2) If a parent or legal guardian makes a request under
Subsection (c-1), the department or physician and the parent or
guardian shall collaborate in good faith to identify a mutually
acceptable specialist with the appropriate expertise.
(e) This section may not be construed to prohibit a child's
parent or legal guardian from obtaining a second opinion from a
physician or other health care provider of the parent's or
guardian's choice.
SECTION 2. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.30175 to read as follows:
Sec. 261.30175. MITIGATION OF PROVIDER CONFLICTS IN ABUSE
OR NEGLECT INVESTIGATION CONSULTATIONS. (a) In this section:
(1) "Consultation" means a medical evaluation,
psychosocial assessment, medical case review, specialty
evaluation, or other forensic consultation service provided in
connection with a suspected case of abuse or neglect.
(2) "Health care provider" means an individual or
facility licensed, certified, or otherwise authorized to
administer health care services, for profit or otherwise, in the
ordinary course of business or professional practice. The term
includes a physician, medical student, resident physician, child
abuse fellow, advanced practice registered nurse, nurse, and
physician assistant.
(3) "Network" has the meaning assigned by Section
261.3017.
(4) "System" has the meaning assigned by Section
261.3017.
(b) A health care provider who reports the suspected abuse
or neglect of a child may not serve as a consultant to the
department on the reported case, and the department shall refer the
case to another health care provider for consultation. This
subsection applies regardless of whether the provider is a member
of the network or system.
(c) The network and system shall provide consultations for
the department on suspected child abuse or neglect cases through a
blind peer review process that conceals the identity of the alleged
victim, the alleged perpetrator, and the reporting health care
provider.
(d) To protect the integrity of an investigation and ensure
the privacy of all parties to the investigation, the network and
system shall select for a consultation on a suspected child abuse or
neglect case a health care provider who is located outside the
geographic areas where the alleged abuse or neglect occurred and
the reporting health care provider practices.
SECTION 3. This Act takes effect September 1, 2019.