Texas 2025 - 89th Regular

Texas House Bill HB2071 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R8021 MM-F
2		-	By: Hull, et al. H.B. No. 2071
	2	+	By: Hull H.B. No. 2071
	3	+
	4	+
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to certain policies and procedures for health care
8	10		specialty consultations in certain child abuse or neglect
9	11		investigations and assessments.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 261.3017, Family Code, is amended by
12	14		amending Subsections (c-1) and (d) and adding Subsections (c-3) and
13	15		(e-1) to read as follows:
14	16		(c-1) For a case in which a specialty consultation is
15	17		required by Subsection (c), the department shall refer the case to a
16	18		physician who:
17	19		(1) is licensed to practice medicine in this state
18	20		under Subtitle B, Title 3, Occupations Code;
19	21		(2) is board certified in a field or specialty
20	22		relevant to diagnosing and treating the conditions described by
21	23		Subsection (b); [and]
22	24		(3) was not involved with the report of suspected
23	25		abuse or neglect; and
24	26		(4) was not involved in reviewing the case, including
25	27		as a member of a review team under Section 261.312 or a
26	28		multidisciplinary team under Subchapter E, Chapter 264.
27	29		(c-3) Before referring a child's case under Subsection (c),
28	30		the department shall provide to the child's parent or legal
29	31		guardian or, if represented by an attorney, the attorney of the
30	32		parent or legal guardian all medical records, including
31	33		radiographs, images, and other documents used by the department and
32	34		the network during the abuse or neglect investigation.
33	35		(d) In providing assessments to the department as provided
34	36		by Subsection (b), the network and the system must use a blind peer
35	37		review process to resolve cases where physicians in the network or
36	38		system disagree in the assessment of the causes of a child's
37	39		injuries or in the presence of a condition listed under Subsection
38	40		(b). The department shall provide to the child's parent or legal
39	41		guardian or, if represented by an attorney, the attorney of the
40	42		parent or legal guardian the information used to resolve a case
41	43		described by this subsection, including the names of the
42	44		physicians, the physicians' opinions, the possible conflicting
43	45		conditions, all assessments conducted on the child who is the
44	46		subject of the case, and all medical records related to the child.
45	47		(e-1) The department, a referring provider, including a
46	48		hospital, and the network may not obstruct, prevent, or inhibit a
47	49		child's parent or legal guardian or, if represented by an attorney,
48	50		the attorney of the parent or legal guardian from obtaining all
49	51		medical records and documentation necessary to request an
50	52		alternative opinion, including access to the child for that purpose
51	53		by a health care professional providing an alternative or second
52	54		opinion or performing diagnostic testing.
53	55		SECTION 2. Sections 261.30175(b), (c), and (d), Family
54	56		Code, are amended to read as follows:
55	57		(b) A health care practitioner who reports suspected abuse
56	58		or neglect of a child or was involved in reviewing the case,
57	59		including as a member of a review team under Section 261.312 or a
58	60		multidisciplinary team under Subchapter E, Chapter 264, may not
59	61		provide forensic assessment services in connection with an
60	62		investigation resulting from the report. This subsection applies
61	63		regardless of whether the practitioner is a member of the network or
62	64		system.
63	65		(c) When referring a case for forensic assessment, the
64	66		department shall refer the case to a physician authorized to
65	67		practice medicine in this state under Subtitle B, Title 3,
66	68		Occupations Code, who was not involved:
67	69		(1) with the report of suspected abuse or neglect; or
68	70		(2) in reviewing the case, including as a member of a
69	71		review team under Section 261.312 or a multidisciplinary team under
70	72		Subchapter E, Chapter 264.
71	73		(d) This section may not be construed to:
72	74		(1) prohibit the department from interviewing the
73	75		health care practitioner in the practitioner's capacity as a
74	76		principal or collateral source; [or]
75	77		(2) otherwise restrict the department's ability to
76	78		conduct an investigation as provided by this subchapter; or
77	79		(3) restrict the ability of the child's parent or legal
78	80		guardian or, if represented by an attorney, the attorney of the
79	81		parent or legal guardian to receive all medical records and
80	82		documentation relating to a case in which the network is consulted.
81	83		SECTION 3. This Act takes effect September 1, 2025.