Texas 2021 - 87th Regular

Texas Senate Bill SB1578 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1578
	1	+	By: Kolkhorst S.B. No. 1578
	2	+	(Frank)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the use of opinions from medical professionals in
6	8		making certain determinations relating to the abuse or neglect of a
7	9		child.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 261.3017, Family Code, is amended by
10		-	amending Subsections (b) and (c) and adding Subsections (c-1),
11		-	(c-2), and (e) to read as follows:
12		-	(b) Any agreement between the department and the network or
13		-	between the Department of State Health Services and the system to
14		-	provide assistance in connection with abuse and neglect
15		-	investigations conducted by the department must require the network
16		-	and the system to have the ability to obtain consultations with
17		-	physicians licensed to practice medicine in this state and board
18		-	certified in the relevant field or specialty, including
19		-	radiologists, geneticists, orthopedists, and endocrinologists, to
20		-	diagnose and treat certain [who specialize in identifying] unique
21		-	health conditions, including:
22		-	(1) rickets;
23		-	(2) Ehlers-Danlos Syndrome;
24		-	(3) osteogenesis imperfecta;
25		-	(4) vitamin D deficiency; and
26		-	(5) other medical conditions that mimic child
27		-	maltreatment or increase the risk of misdiagnosis of child
28		-	maltreatment [similar metabolic bone diseases or connective tissue
29		-	disorders].
30		-	(c) During [If, during] an abuse or neglect investigation
31		-	authorized by this subchapter or an assessment provided under
32		-	Subsection (b), the department [or a physician in the network
33		-	determines that a child requires a specialty consultation with a
34		-	physician, the department or the physician] shall refer the child's
35		-	case [to the system] for a specialty [the] consultation[,] if:
36		-	(1) the department determines the child requires a
37		-	specialty consultation with a physician;
38		-	(2) the child's primary care physician or other
39		-	primary health care provider who provided health care or treatment
40		-	or otherwise evaluated the child recommends a specialty
41		-	consultation; or
42		-	(3) the child's parent or legal guardian or, if
43		-	represented by an attorney, the attorney of the parent or legal
44		-	guardian requests a specialty consultation [the system has
45		-	available capacity to take the child's case].
46		-	(c-1) For a case in which a specialty consultation is
47		-	required by Subsection (c), the department shall refer the case to a
48		-	physician who:
49		-	(1) is licensed to practice medicine in this state
50		-	under Subtitle B, Title 3, Occupations Code;
51		-	(2) is board certified in a field or specialty
52		-	relevant to diagnosing and treating the conditions described by
53		-	Subsection (b); and
54		-	(3) was not involved with the report of suspected
55		-	abuse or neglect.
56		-	(c-2) Before referring a child's case under Subsection (c),
57		-	the department shall provide to the child's parent or legal
58		-	guardian or, if represented by an attorney, the attorney of the
59		-	parent or legal guardian written notice of the name, contact
60		-	information, and credentials of the specialist. The parent, legal
61		-	guardian, or attorney, as applicable, may object to the proposed
62		-	referral and request referral to another specialist. The
63		-	department and the parent, legal guardian, or attorney, as
64		-	applicable, shall collaborate in good faith to select an acceptable
65		-	specialist from the proposed specialists; however the department
66		-	may refer the child's case to a specialist over the objection of the
67		-	parent, legal guardian, or attorney.
68		-	(e) This section may not be construed to prohibit a child's
69		-	parent or legal guardian or, if represented by an attorney, the
70		-	attorney of the parent or legal guardian from otherwise obtaining
71		-	an alternative opinion at the parent's, legal guardian's, or
72		-	attorney's, as applicable, own initiative and expense. The
73		-	department shall accept and consider an alternative opinion
74		-	obtained and provided under this section and shall document its
75		-	analysis and determinations regarding the opinion.
76		-	SECTION 2. Subchapter D, Chapter 261, Family Code, is
	11	+	SECTION 1. Subchapter D, Chapter 261, Family Code, is
77	12		amended by adding Section 261.30171 to read as follows:
78	13		Sec. 261.30171. FORENSIC ASSESSMENT CENTER NETWORK
79	14		EVALUATION. (a) In this section, "network" means the Forensic
80	15		Assessment Center Network.
81	16		(b) The department, with the assistance of the Supreme Court
82	17		of Texas Children's Commission, shall:
83	18		(1) evaluate the department's use of the network; and
84	19		(2) develop joint recommendations to improve:
85	20		(A) the evaluation of agreements between the
86	21		department and the network; and
87	22		(B) the best practices for using assessments
88	23		provided by the network in connection with abuse and neglect
89	24		investigations conducted by the department.
90	25		(c) Not later than September 1, 2022, the department shall
91	26		prepare and submit to the legislature a written report containing
92	27		the department's findings and recommendations under Subsection (b)
93	28		and any recommendations for legislative or other action.
94	29		(d) This section expires September 1, 2023.
95		-	SECTION 3. Subchapter D, Chapter 261, Family Code, is
96		-	amended by adding Section 261.30175 to read as follows:
97		-	Sec. 261.30175. MITIGATION OF PROVIDER CONFLICTS IN ABUSE
98		-	OR NEGLECT INVESTIGATION CONSULTATIONS. (a) In this section:
99		-	(1) "Forensic assessment" means a medical
100		-	examination, psychosocial evaluation, medical case review,
101		-	specialty evaluation, or other forensic evaluation service
102		-	conducted by a physician under Section 261.3017 in connection with
103		-	any investigation of a suspected case of abuse or neglect for the
104		-	primary purpose of providing the department, law enforcement, or
105		-	the court with expert advice, recommendations, or testimony on the
106		-	case.
107		-	(2) "Health care practitioner" means an individual
108		-	licensed, certified, or otherwise authorized to administer health
109		-	care services in the ordinary course of business or professional
110		-	practice. The term includes a physician, medical student, resident
111		-	physician, child abuse fellow, advanced practice registered nurse,
112		-	nurse, and physician assistant.
113		-	(3) "Network" has the meaning assigned by Section
114		-	261.3017.
115		-	(4) "System" has the meaning assigned by Section
116		-	261.3017.
117		-	(b) A health care practitioner who reports suspected abuse
118		-	or neglect of a child may not provide forensic assessment services
119		-	in connection with an investigation resulting from the report.
120		-	This subsection applies regardless of whether the practitioner is a
121		-	member of the network or system.
122		-	(c) When referring a case for forensic assessment, the
123		-	department shall refer the case to a physician authorized to
124		-	practice medicine in this state under Subtitle B, Title 3,
125		-	Occupations Code, who was not involved with the report of suspected
126		-	abuse or neglect.
127		-	(d) This section may not be construed to:
128		-	(1) prohibit the department from interviewing the
129		-	health care practitioner in the practitioner's capacity as a
130		-	principal or collateral source; or
131		-	(2) otherwise restrict the department's ability to
132		-	conduct an investigation as provided by this subchapter.
133		-	SECTION 4. Section 261.504, Family Code, is amended by
	30	+	SECTION 2. Section 261.504, Family Code, is amended by
134	31		adding Subsection (a-1) to read as follows:
135	32		(a-1) In making a determination whether the child is or has
136		-	been a victim of abuse or neglect, the court ~~shall~~ consider the
	33	+	been a victim of abuse or neglect, the court may consider the
137	34		opinion of a medical professional obtained by an individual against
138	35		whom a protective order is sought.
139		-	SECTION 5. Section 262.102, Family Code, is amended by
	36	+	SECTION 3. Section 262.102, Family Code, is amended by
140	37		adding Subsection (b-1) to read as follows:
141	38		(b-1) A determination under this section that there is an
142	39		immediate danger to the physical health or safety of a child or that
143	40		the child has been a victim of neglect or sexual abuse may not be
144	41		based solely on the opinion of a medical professional under
145	42		contract with the Department of Family and Protective Services who
146	43		did not conduct a physical examination of the child.
147		-	SECTION 6. Section 262.104, Family Code, is amended by
	44	+	SECTION 4. Section 262.104, Family Code, is amended by
148	45		adding Subsection (c) to read as follows:
149	46		(c) An authorized representative of the Department of
150	47		Family and Protective Services, a law enforcement officer, or a
151	48		juvenile probation officer may not take possession of a child under
152	49		Subsection (a) based solely on the opinion of a medical
153	50		professional under contract with the Department of Family and
154	51		Protective Services who did not conduct a physical examination of
155	52		the child.
156		-	SECTION 7. Section 262.201, Family Code, is amended by
	53	+	SECTION 5. Section 262.201, Family Code, is amended by
157	54		adding Subsection (i-1) to read as follows:
158	55		(i-1) In making a determination whether there is an
159	56		immediate danger to the physical health or safety of a child, the
160		-	court ~~shall~~ consider the opinion of a medical professional obtained
	57	+	court may consider the opinion of a medical professional obtained
161	58		by the child's parent, managing conservator, possessory
162	59		conservator, guardian, caretaker, or custodian.
163		-	SECTION 8. The changes in law made by this Act apply only to
	60	+	SECTION 6. The changes in law made by this Act apply only to
164	61		a suit affecting the parent-child relationship filed on or after
165	62		the effective date of this Act. A suit affecting the parent-child
166	63		relationship filed before the effective date of this Act is
167	64		governed by the law in effect on the date the suit was filed, and the
168	65		former law is continued in effect for that purpose.
169		-	SECTION 9. This Act takes effect September 1, 2021.
170		-	______________________________ ______________________________
171		-	President of the Senate Speaker of the House
172		-	I hereby certify that S.B. No. 1578 passed the Senate on
173		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
174		-	the Senate concurred in House amendments on May 27, 2021, by the
175		-	following vote: Yeas 31, Nays 0.
176		-	______________________________
177		-	Secretary of the Senate
178		-	I hereby certify that S.B. No. 1578 passed the House, with
179		-	amendments, on May 23, 2021, by the following vote: Yeas 144,
180		-	Nays 2, one present not voting.
181		-	______________________________
182		-	Chief Clerk of the House
183		-	Approved:
184		-	______________________________
185		-	Date
186		-	______________________________
187		-	Governor
	66	+	SECTION 7. This Act takes effect September 1, 2021.