| 1 | 1 | | By: Hull, Noble, Rose, Klick, Manuel H.B. No. 475 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to certain policies and procedures for health care |
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| 7 | 7 | | specialty consultations in certain child abuse or neglect |
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| 8 | 8 | | investigations and assessments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 261.3017, Family Code, is amended by |
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| 11 | 11 | | amending Subsections (c-1) and (d) and adding Subsections (c-3) and |
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| 12 | 12 | | (e-1) to read as follows: |
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| 13 | 13 | | (c-1) For a case in which a specialty consultation is |
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| 14 | 14 | | required by Subsection (c), the department shall refer the case to a |
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| 15 | 15 | | physician who: |
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| 16 | 16 | | (1) is licensed to practice medicine in this state |
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| 17 | 17 | | under Subtitle B, Title 3, Occupations Code; |
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| 18 | 18 | | (2) is board certified in a field or specialty |
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| 19 | 19 | | relevant to diagnosing and treating the conditions described by |
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| 20 | 20 | | Subsection (b); [and] |
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| 21 | 21 | | (3) was not involved with the report of suspected |
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| 22 | 22 | | abuse or neglect; and |
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| 23 | 23 | | (4) was not involved in reviewing the case, including |
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| 24 | 24 | | as a member of a review team under Section 261.312 or a |
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| 25 | 25 | | multidisciplinary team under Subchapter E, Chapter 264. |
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| 26 | 26 | | (c-3) Before referring a child's case under Subsection (c), |
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| 27 | 27 | | the department shall provide to the child's parent or legal |
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| 28 | 28 | | guardian or, if represented by an attorney, the attorney of the |
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| 29 | 29 | | parent or legal guardian all medical records, including |
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| 30 | 30 | | radiographs, images, and other documents used by the department and |
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| 31 | 31 | | the network during the abuse or neglect investigation. |
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| 32 | 32 | | (d) In providing assessments to the department as provided |
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| 33 | 33 | | by Subsection (b), the network and the system must use a blind peer |
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| 34 | 34 | | review process to resolve cases where physicians in the network or |
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| 35 | 35 | | system disagree in the assessment of the causes of a child's |
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| 36 | 36 | | injuries or in the presence of a condition listed under Subsection |
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| 37 | 37 | | (b). The department shall provide to the child's parent or legal |
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| 38 | 38 | | guardian or, if represented by an attorney, the attorney of the |
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| 39 | 39 | | parent or legal guardian the information used to resolve a case |
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| 40 | 40 | | described by this subsection, including the names of the |
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| 41 | 41 | | physicians, the physicians' opinions, the possible conflicting |
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| 42 | 42 | | conditions, all assessments conducted on the child who is the |
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| 43 | 43 | | subject of the case, and all medical records related to the child. |
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| 44 | 44 | | (e-1) The department, a referring provider, including a |
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| 45 | 45 | | hospital, and the network may not obstruct, prevent, or inhibit a |
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| 46 | 46 | | child's parent or legal guardian or, if represented by an attorney, |
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| 47 | 47 | | the attorney of the parent or legal guardian from obtaining all |
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| 48 | 48 | | medical records and documentation necessary to request an |
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| 49 | 49 | | alternative opinion, including access to the child for that purpose |
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| 50 | 50 | | by a health care professional providing an alternative or second |
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| 51 | 51 | | opinion or performing diagnostic testing. |
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| 52 | 52 | | SECTION 2. Sections 261.30175(b), (c), and (d), Family |
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| 53 | 53 | | Code, are amended to read as follows: |
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| 54 | 54 | | (b) A health care practitioner who reports suspected abuse |
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| 55 | 55 | | or neglect of a child or was involved in reviewing the case, |
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| 56 | 56 | | including as a member of a review team under Section 261.312 or a |
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| 57 | 57 | | multidisciplinary team under Subchapter E, Chapter 264, may not |
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| 58 | 58 | | provide forensic assessment services in connection with an |
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| 59 | 59 | | investigation resulting from the report. This subsection applies |
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| 60 | 60 | | regardless of whether the practitioner is a member of the network or |
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| 61 | 61 | | system. |
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| 62 | 62 | | (c) When referring a case for forensic assessment, the |
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| 63 | 63 | | department shall refer the case to a physician authorized to |
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| 64 | 64 | | practice medicine in this state under Subtitle B, Title 3, |
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| 65 | 65 | | Occupations Code, who was not involved: |
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| 66 | 66 | | (1) with the report of suspected abuse or neglect; or |
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| 67 | 67 | | (2) in reviewing the case, including as a member of a |
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| 68 | 68 | | review team under Section 261.312 or a multidisciplinary team under |
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| 69 | 69 | | Subchapter E, Chapter 264. |
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| 70 | 70 | | (d) This section may not be construed to: |
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| 71 | 71 | | (1) prohibit the department from interviewing the |
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| 72 | 72 | | health care practitioner in the practitioner's capacity as a |
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| 73 | 73 | | principal or collateral source; [or] |
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| 74 | 74 | | (2) otherwise restrict the department's ability to |
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| 75 | 75 | | conduct an investigation as provided by this subchapter; or |
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| 76 | 76 | | (3) restrict the ability of the child's parent or legal |
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| 77 | 77 | | guardian or, if represented by an attorney, the attorney of the |
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| 78 | 78 | | parent or legal guardian to receive all medical records and |
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| 79 | 79 | | documentation relating to a case in which the network is consulted. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2023. |
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