Tex.
Fam. Code Section 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 (Consultation with Physician Networks and Systems Regarding Certain Medical Conditions) 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 (Consultation with Physician Networks and Systems Regarding Certain Medical Conditions).(4)
“System” has the meaning assigned by Section 261.3017 (Consultation with Physician Networks and Systems Regarding Certain Medical Conditions).(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.
Source:
Section 261.30175 — Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm#261.30175 (accessed Jun. 5, 2024).
