(1) as used in this statute:

(a) “designated medical professional” (DMP) means the person described in 418.747 (County teams for investigation) (9) or the person’s designee.

(b) “medical assessment” means taking of a child’'s thorough medical history and a complete physical examination of the child, for the purpose of making a medical diagnosis, by or under the direction of an individual trained in the evaluation, diagnosis and treatment of child abuse who is a licensed physician, physician assistant or nurse practitioner

(c) “suspicious physical injury” includes, but is not limited to:

(A) burns or scalds

(B) extensive bruising or abrasions on any part of the body

(C) bruising, swelling or abrasions on the head, neck or face

(D) fractures of any bone in a child under the age of three

(E) multiple fractures in a child of any age

(F) dislocations, soft tissue swelling or moderate to severe cuts

(G) loss of the ability to walk or move normally according to the child’s developmental ability

(H) unconsciousness or difficulty maintaining consciousness

(I) multiple injuries of different types

(J) injuries causing serious or protracted disfigurement or loss or impairment of the function of any bodily organ OR

(K) any other injury that threatens the physical well-being of the child

(2)(a) if a person conducting an investigation under 419B.020 (duty of dhs or law enforcement agency receiving report) observes a child who has suffered suspicious physical injury and the person is certain or has a reasonable suspicion that the injury is or may be the result of abuse, the person will, in accordance with the protocols and procedures of the county child abuse multidisciplinary team described in 418.747 (County teams for investigation):

(A) immediately photograph or cause to have photographed the suspicious physical injuries in accordance with 419B.028 (photographing child during investigation) AND

(B) ensure that a designated medical professional conducts a medical assessment within 48 hours, or sooner if dictated by the child’'s medical needs.

(b) regardless of 419B.150 (when protective custody authorised), the person described in paragraph (a) may take the child into protective custody, without a court order, only for the period of time necessary to ensure compliance with the requirements of this paragraph

(3) the requirement of paragraph (2) will apply:

(a) each time suspicious physical injury is observed by DHS or law enforcement personnel:

(A) during the investigation of a new allegation of abuse OR

(B) if the injury was not previously observed by a person conducting an investigation under 419B.020 (duty of dhs or law enforcement agency receiving report) AND

(b) regardless of whether the child has previously been photographed or assessed during an investigation of an abuse allegation

(4)(a) DHS or law enforcement personnel will make a reasonable effort to locate a DMP. If after reasonable efforts a DMP is not available to conduct a medical assessment within 48 hours, the child will be evaluated by an available physician, a physician assistant licensed under 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs)

(b) if the child is evaluated by a health care provider other than a DMP, the health care provider will make photographs, clinical notes, diagnostic and testing results and any other relevant materials available to the DMP for consultation within 72 hours following evaluation of the child.

(c) the person conducting the medical assessment may consult with and obtain records from the child’s health care provider under 419B.050 (Authority of health care provider to disclose information)

(5) Nothing in this statute prevents a person conducting a child abuse investigation from seeking immediate medical treatment from a hospital emergency room or other medical provider for a child who is physically injured or otherwise in need of immediate medical care.

(6) If the child described in paragraph (2) is less than five (5), the DMP may, within 14 days, refer the child for a screening for early intervention services or early childhood special education. The referral may not indicate the child is subject to a child abuse investigation unless written consent is obtained from the child’'s parent authorizing such disclosure. If the child is already receiving those services, or is enrolled in the Head Start program, a person involved in the delivery of those services to the child wll be invited to participate in the county child abuse multidisciplinary team’s review of the case and will be provided with paid time to do so by the person’'s employer.

(7) nothing in this statute limits the rights provided to minors in ORS chapter 109 or the ability of a minor to refuse to consent to the medical assessment described in this statute

See Juvenile Law for more information