Relating to certain policies and procedures for health care specialty consultations in certain child abuse or neglect investigations and assessments, the official text

H.B. No. 2071

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.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 2071 was passed by the House on May 7,

2025, by the following vote: Yeas 141, Nays 1, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2071 was passed by the Senate on May

20, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor