Bill Text: TX SB1578 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the use of opinions from medical professionals in making certain determinations relating to the abuse or neglect of a child.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1578 Detail]
Download: Texas-2021-SB1578-Enrolled.html
S.B. No. 1578 |
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relating to the use of opinions from medical professionals in | ||
making certain determinations relating to the abuse or neglect of a | ||
child. | ||
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 [ |
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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 [ |
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(c) During [ |
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authorized by this subchapter or an assessment provided under | ||
Subsection (b), the department [ |
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case [ |
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(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 [ |
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(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; however the department | ||
may refer the child's case to a specialist over the objection of the | ||
parent, legal guardian, or attorney. | ||
(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 261.30171 to read as follows: | ||
Sec. 261.30171. FORENSIC ASSESSMENT CENTER NETWORK | ||
EVALUATION. (a) In this section, "network" means the Forensic | ||
Assessment Center Network. | ||
(b) The department, with the assistance of the Supreme Court | ||
of Texas Children's Commission, shall: | ||
(1) evaluate the department's use of the network; and | ||
(2) develop joint recommendations to improve: | ||
(A) the evaluation of agreements between the | ||
department and the network; and | ||
(B) the best practices for using assessments | ||
provided by the network in connection with abuse and neglect | ||
investigations conducted by the department. | ||
(c) Not later than September 1, 2022, the department shall | ||
prepare and submit to the legislature a written report containing | ||
the department's findings and recommendations under Subsection (b) | ||
and any recommendations for legislative or other action. | ||
(d) This section expires September 1, 2023. | ||
SECTION 3. 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 4. Section 261.504, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) In making a determination whether the child is or has | ||
been a victim of abuse or neglect, the court shall consider the | ||
opinion of a medical professional obtained by an individual against | ||
whom a protective order is sought. | ||
SECTION 5. Section 262.102, Family Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) A determination under this section that there is an | ||
immediate danger to the physical health or safety of a child or that | ||
the child has been a victim of neglect or sexual abuse may not be | ||
based solely on the opinion of a medical professional under | ||
contract with the Department of Family and Protective Services who | ||
did not conduct a physical examination of the child. | ||
SECTION 6. Section 262.104, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) An authorized representative of the Department of | ||
Family and Protective Services, a law enforcement officer, or a | ||
juvenile probation officer may not take possession of a child under | ||
Subsection (a) based solely on the opinion of a medical | ||
professional under contract with the Department of Family and | ||
Protective Services who did not conduct a physical examination of | ||
the child. | ||
SECTION 7. Section 262.201, Family Code, is amended by | ||
adding Subsection (i-1) to read as follows: | ||
(i-1) In making a determination whether there is an | ||
immediate danger to the physical health or safety of a child, the | ||
court shall consider the opinion of a medical professional obtained | ||
by the child's parent, managing conservator, possessory | ||
conservator, guardian, caretaker, or custodian. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit affecting the parent-child | ||
relationship filed before the effective date of this Act is | ||
governed by the law in effect on the date the suit was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 9. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1578 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 27, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1578 passed the House, with | ||
amendments, on May 23, 2021, by the following vote: Yeas 144, | ||
Nays 2, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |