Texas Statutes
Subchapter D. Investigations
Section 261.30175. Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 3, eff. September 1, 2021.

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