89R8021 MM-F     By: Hull, Frank, Manuel, Noble, Rose, et al. H.B. No. 2071       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   by a health care professional providing an alternative or second   opinion or performing diagnostic testing.          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, 2025.