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 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; (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.