Bill Text: TX HB3820 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to health care specialty consultations in certain child abuse or neglect investigations and assessments.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2021-04-16 - Comm. report sent to Local & Consent Calendar [HB3820 Detail]
Download: Texas-2021-HB3820-Comm_Sub.html
87R18592 MCK-D | |||
By: Klick, Noble, Hull, et al. | H.B. No. 3820 | ||
Substitute the following for H.B. No. 3820: | |||
By: Hull | C.S.H.B. No. 3820 |
|
||
|
||
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, 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 licensed to practice medicine in this state and board | ||
certified in the relevant field or specialty, including | ||
radiologists, geneticists, orthopedists, and endocrinologists, to | ||
diagnose and treat certain [ |
||
health conditions, including: | ||
(1) rickets; | ||
(2) Ehlers-Danlos Syndrome; | ||
(3) osteogenesis imperfecta; | ||
(4) vitamin D deficiency; and | ||
(5) other medical conditions that mimic child | ||
maltreatment or increase the risk of misdiagnosis of child | ||
maltreatment [ |
||
(c) During [ |
||
authorized by this subchapter or an assessment provided under | ||
Subsection (b), the department [ |
||
case [ |
||
(1) the department determines the child requires a | ||
specialty consultation with a physician; | ||
(2) the child's primary care physician or other | ||
primary 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, if | ||
represented by an attorney, the attorney of the parent or legal | ||
guardian requests a specialty consultation [ |
||
(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. | ||
(c-2) 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 written notice of the name, contact | ||
information, and credentials of the specialist. The parent, legal | ||
guardian, or attorney, as applicable, may object to the proposed | ||
referral and request referral to another specialist. The | ||
department and the parent, legal guardian, or attorney, as | ||
applicable, shall collaborate in good faith to select an acceptable | ||
specialist from the proposed specialists. | ||
(e) This section may not be construed to prohibit a child's | ||
parent or legal guardian or, if represented by an attorney, the | ||
attorney of the parent or legal guardian from otherwise obtaining | ||
an alternative opinion at the parent's, legal guardian's, or | ||
attorney's, as applicable, own initiative and expense. The | ||
department shall accept and consider an alternative opinion | ||
obtained and provided under this section and shall document its | ||
analysis and determinations regarding the opinion. | ||
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) "Forensic assessment" means a medical | ||
examination, psychosocial evaluation, medical case review, | ||
specialty evaluation, or other forensic evaluation service | ||
conducted by a physician under Section 261.3017 in connection with | ||
any investigation of a suspected case of abuse or neglect for the | ||
primary purpose of providing the department, law enforcement, or | ||
the court with expert advice, recommendations, or testimony on the | ||
case. | ||
(2) "Health care practitioner" means an individual | ||
licensed, certified, or otherwise authorized to administer health | ||
care services 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 practitioner who reports suspected abuse | ||
or neglect of a child 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 with the report of suspected | ||
abuse or neglect. | ||
(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. | ||
SECTION 3. This Act takes effect September 1, 2021. |