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Texas Family Code

§ 264.1076 — MEDICAL EXAMINATION REQUIRED

FA § 264.1076Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 264. CHILD WELFARE SERVICES · Art. B. FOSTER CARE

Statute text

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(a)This section applies only to a child who has been taken into the conservatorship of the department and remains in the conservatorship of the department for more than three business days.
(b)The department shall ensure that each child described by Subsection (a) receives an initial medical examination from a physician or other health care provider authorized under state law to conduct medical examinations not later than the end of the third business day after the date the child is removed from the child's home, if the child:
(1)is removed as the result of sexual abuse, physical abuse, or an obvious physical injury to the child; or
(2)has a chronic medical condition, a medically complex condition, or a diagnosed mental illness.
(c)Notwithstanding Subsection (b), the department shall ensure that any child who enters the conservatorship of the department receives any necessary emergency medical care as soon as possible.
(d)A physician or other health care provider conducting an examination under Subsection (b) may not administer a vaccination as part of the examination without parental consent, except that a physician or other health care provider may administer a tetanus vaccination to a child in a commercially available preparation if the physician or other health care provider determines that an emergency circumstance requires the administration of the vaccination. The prohibition on the administration of a vaccination under this subsection does not apply after the department has been named managing conservator of the child after a hearing conducted under Subchapter C, Chapter 262.

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 15(a), eff. September 1, 2017.