88R2253 MM-F
By: Hull H.B. No. 475
A BILL TO BE ENTITLED
AN ACT
relating to certain policies and procedures for 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, is amended by
amending Subsections (c-1) and (d) and adding Subsections (c-3) and
(e-1) to read as follows:
(c-1) For a case in which a specialty consultation is
required by Subsection (c), the department shall refer the case to a
physician who:
(1) is licensed to practice medicine in this state
under Subtitle B, Title 3, Occupations Code;
(2) is board certified in a field or specialty
relevant to diagnosing and treating the conditions described by
Subsection (b); [and]
(3) was not involved with the report of suspected
abuse or neglect; and
(4) was not involved in reviewing the case, including
as a member of a review team under Section 261.312 or a
multidisciplinary team under Subchapter E, Chapter 264.
(c-3) Before referring a child's case under Subsection (c),
the department shall provide to the child's parent or legal
guardian or, if represented by an attorney, the attorney of the
parent or legal guardian all medical records, including
radiographs, images, and other documents used by the department and
the network during the abuse or neglect investigation.
(d) In providing assessments to the department as provided
by Subsection (b), the network and the system must use a blind peer
review process to resolve cases where physicians in the network or
system disagree in the assessment of the causes of a child's
injuries or in the presence of a condition listed under Subsection
(b). The department shall provide to the child's parent or legal
guardian or, if represented by an attorney, the attorney of the
parent or legal guardian the information used to resolve a case
described by this subsection, including the names of the
physicians, the physicians' opinions, the possible conflicting
conditions, all assessments conducted on the child who is the
subject of the case, and all medical records related to the child.
(e-1) The department, a referring provider, including a
hospital, and the network may not obstruct, prevent, or inhibit a
child's parent or legal guardian or, if represented by an attorney,
the attorney of the parent or legal guardian from obtaining all
medical records and documentation necessary to request an
alternative opinion, including access to the child for that
purpose.
SECTION 2. Sections 261.30175(b), (c), and (d), Family
Code, are amended to read as follows:
(b) A health care practitioner who reports suspected abuse
or neglect of a child or was involved in reviewing the case,
including as a member of a review team under Section 261.312 or a
multidisciplinary team under Subchapter E, Chapter 264, may not
provide forensic assessment services in connection with an
investigation resulting from the report. This subsection applies
regardless of whether the practitioner is a member of the network or
system.
(c) When referring a case for forensic assessment, the
department shall refer the case to a physician authorized to
practice medicine in this state under Subtitle B, Title 3,
Occupations Code, who was not involved:
(1) with the report of suspected abuse or neglect; or
(2) in reviewing the case, including as a member of a
review team under Section 261.312 or a multidisciplinary team under
Subchapter E, Chapter 264.
(d) This section may not be construed to:
(1) prohibit the department from interviewing the
health care practitioner in the practitioner's capacity as a
principal or collateral source; [or]
(2) otherwise restrict the department's ability to
conduct an investigation as provided by this subchapter; or
(3) restrict the ability of the child's parent or legal
guardian or, if represented by an attorney, the attorney of the
parent or legal guardian to receive all medical records and
documentation relating to a case in which the network is consulted.
SECTION 3. This Act takes effect September 1, 2023.