philly, you are quoting a rule interpreting the code, not the code itself. The dept.'s regulations are in addition to the code requirements, and specifically state that they do not modify the family code provisions requiring notification. The fact that it occurred in another state does not effect the reporting requirement. The doctor visit is here, and the doctor is required to follow tx law.
Texas Family Code
§ 261.101. PERSONS REQUIRED TO REPORT; TIME TO
REPORT. (a) A person having cause to believe that a child's
physical or mental health or welfare has been adversely affected by
abuse or neglect by any person shall immediately make a report as
provided by this subchapter.
(b) If a professional has cause to believe that a child has
been abused or neglected or may be abused or neglected, or that a
child is a victim of an offense under Section 21.11, Penal Code, and
the professional has cause to believe that the child has been abused
as defined by Section 261.001, the professional shall make a report
not later than the 48th hour after the hour the professional first
suspects that the child has been or may be abused or neglected or is
a victim of an offense under Section 21.11, Penal Code. A
professional may not delegate to or rely on another person to make
the report. In this subsection, "professional" means an individual
who is licensed or certified by the state or who is an employee of a
facility licensed, certified, or operated by the state and who, in
the normal course of official duties or duties for which a license
or certification is required, has direct contact with children.
The term includes teachers, nurses, doctors, day-care employees,
employees of a clinic or health care facility that provides
reproductive services, juvenile probation officers, and juvenile
detention or correctional officers.
(c) The requirement to report under this section applies
without exception to an individual whose personal communications
may otherwise be privileged, including an attorney, a member of the
clergy, a medical practitioner, a social worker, a mental health
professional, and an employee of a clinic or health care facility
that provides reproductive services.
(d) Unless waived in writing by the person making the
report, the identity of an individual making a report under this
chapter is confidential and may be disclosed only:
(1) as provided by Section 261.201; or
(2) to a law enforcement officer for the purposes of
conducting a criminal investigation of the report.
This section states that, if a professional--doctor, nurse, etc.- suspects that a child is a victim under 21.21 of the Penal Code, a report must be made.
Texas Penal Code
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits
an offense if, with a child younger than 17 years and not the
person's spouse, whether the child is of the same or opposite sex,
the person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
(A) exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus
or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
and of the opposite sex;
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section.
(c) In this section, "sexual contact" means the following
acts, if committed with the intent to arouse or gratify the sexual
desire of any person:
(1) any touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals
of a child; or
(2) any touching of any part of the body of a child,
including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the
second degree and an offense under Subsection (a)(2) is a felony of
the third degree.
§ 22.011. SEXUAL ASSAULT. (a) A person commits an
offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the
consent of the other person if:
(1) the actor compels the other person to submit or
participate by the use of physical force or violence;
(2) the actor compels the other person to submit or
participate by threatening to use force or violence against the
other person, and the other person believes that the actor has the
present ability to execute the threat;
(3) the other person has not consented and the actor
knows the other person is unconscious or physically unable to
resist;
(4) the actor knows that as a result of mental disease
or defect the other person is at the time of the sexual assault
incapable either of appraising the nature of the act or of resisting
it;
(5) the other person has not consented and the actor
knows the other person is unaware that the sexual assault is
occurring;
(6) the actor has intentionally impaired the other
person's power to appraise or control the other person's conduct by
administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or
participate by threatening to use force or violence against any
person, and the other person believes that the actor has the ability
to execute the threat;
(8) the actor is a public servant who coerces the other
person to submit or participate;
(9) the actor is a mental health services provider or a
health care services provider who causes the other person, who is a
patient or former patient of the actor, to submit or participate by
exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other
person to submit or participate by exploiting the other person's
emotional dependency on the clergyman in the clergyman's
professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the
other person is a resident, unless the employee and resident are
formally or informally married to each other under Chapter 2,
Family Code.
(c) In this section:
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to
another.
Text of subsec. (c)(3) effective until February 1, 2004
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a licensed vocational nurse licensed under
Chapter 302, Occupations Code;
(D) a physical therapist licensed under Chapter
453, Occupations Code;
(E) a physician assistant licensed under Chapter
204, Occupations Code; or
(F) a registered nurse or an advanced practice
nurse licensed under Chapter 301, Occupations Code.
Text of subsec. (c)(3) effective February 1, 2004
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a physical therapist licensed under Chapter
453, Occupations Code;
(D) a physician assistant licensed under Chapter
204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code.
(4) "Mental health services provider" means an
individual, licensed or unlicensed, who performs or purports to
perform mental health services, including a:
(A) licensed social worker as defined by Section
505.002, Occupations Code;
(B) chemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C) licensed professional counselor as defined
by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services
as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment
certified under Section 1701.404, Occupations Code.
(5) "Employee of a facility" means a person who is an
employee of a facility defined by Section 250.001, Health and
Safety Code, or any other person who provides services for a
facility for compensation, including a contract laborer.
(d) It is a defense to prosecution under Subsection (a)(2)
that the conduct consisted of medical care for the child and did not
include any contact between the anus or sexual organ of the child
and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the actor was not more than three years older than
the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, to register for life as a sex
offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section; and
(2) the victim was a child of 14 years of age or older.
(f) An offense under this section is a felony of the second
degree.
The family code sets out the reporting requirements. There is a requirement for a report to be made if a violation of 21.11 is present. The violation in 21.11 is sexual contact with a child less than 17. While there are a number of listed defenses, the simple presence of a defense does not mean the offense is not present, it simply means there is a possible defense to the charge. The reporting requirement stands.
The code further defines the age of consent as 14 years old, in 22.011.
With regards the age, there is no set age to be tried as an adult, as such can be determined by a hearing should charges be brrought. Further, there is no provision that the offenses described are limited to a certain age group. As such, they apply to 13 year olds, 15 year olds, etc. Because there is no limitation as to the age to which they apply, they apply universally.
Again, it may very well be the case that the Dr. does nothing. However, the Dr. may feel compelled to make a re[port, as the failure to make a report when required is an offense in and of itself, but, the making of a report in good faith is a protected action.
I am wondering, have you asked if the other children were present and saw anything? That would be even more of a problem to deal with.
and yes... some of them are having sex.... why? peer pressue to be cool, to be liked, to just have someone.. again I am not saying that their reasoning is correct.. but true for them. 13 is too young to be having sex.. hec most of the time they don't even pick up their own rooms..... let alone being held responsible for the emotional and physical commitment of sexual intercourse. So we tell them, show them what we think is best. We supervise.. but hang back a bit so they have room to grow. 
