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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot project to evaluate the use of telepractice to |
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provide certain services to children and adults with an autism |
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spectrum disorder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02177 to read as follows: |
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Sec. 531.02177. AUTISM SPECTRUM DISORDER TELEPRACTICE |
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PILOT PROJECT. (a) In this section, "telepractice" means the use |
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of telecommunications technology to facilitate a diagnosis or |
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intervention. |
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(b) The commission shall develop and implement a six-year |
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pilot project in which evidence-based diagnostic and intervention |
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services are provided to children and adults with an autism |
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spectrum disorder by telepractice by certain physicians and health |
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and other professionals. |
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(c) The executive commissioner shall adopt rules necessary |
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to develop and implement the pilot project under this section. The |
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rules adopted under this section: |
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(1) must allow a service provider to be physically |
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located at and provide services from any site located in or |
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associated with the autism centers at the following institutions: |
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(A) The University of Texas Health Science Center |
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at Houston; |
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(B) Baylor College of Medicine; |
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(C) the University of Houston--Clear Lake; |
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(D) The University of Texas at Dallas and The |
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University of Texas Southwestern Medical Center; |
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(E) the University of North Texas; |
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(F) Texas A&M University; |
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(G) The University of Texas at Austin; |
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(H) Texas State University; and |
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(I) Texas Tech University; |
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(2) must require services to be provided by a person |
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authorized to provide telemedicine medical services or telehealth |
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services or by any of the following persons employed by or under |
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contract with one of the autism centers described in Subdivision |
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(1): |
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(A) a board certified behavior analyst; |
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(B) an occupational therapist; |
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(C) a speech-language therapist; or |
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(D) a physical therapist; |
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(3) must require that the scope of services that may be |
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provided by telepractice includes those services that may be |
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provided through telemedicine medical services and telehealth |
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services and intensive behavioral intervention, applied behavioral |
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analysis, and speech-language evaluation and treatment; |
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(4) may not require a participant in the pilot project |
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to submit to an in-person evaluation by a service provider before |
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the participant receives services by telepractice from the |
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provider; |
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(5) may not require a person to reside in a rural area |
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or a medically underserved area as a condition of participating in |
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the pilot project; |
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(6) must require a participant to be physically |
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located at and receive services at a site at which a person may |
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receive telemedicine medical services or telehealth services or any |
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of the following sites: |
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(A) a primary or secondary school; |
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(B) an alternative education center; |
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(C) an education service center; |
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(D) a licensed child-care facility; |
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(E) a site where Head Start or Early Head Start |
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program services are provided; |
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(F) a site where early childhood intervention |
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services are provided; or |
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(G) the participant's home; |
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(7) must allow the following persons to be present at a |
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site where a participant receives services, to introduce the |
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participant to the service provider, and to perform any tasks |
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delegated by the service provider: |
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(A) a person authorized to be a site presenter at |
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a site where a person is receiving telemedicine medical services or |
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telehealth services; |
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(B) a certified elementary or secondary school |
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teacher; |
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(C) a licensed early childhood education and care |
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professional; |
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(D) a licensed specialist in school psychology; |
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(E) a certified educational diagnostician; |
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(F) an early childhood intervention services |
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provider who is not credentialed to provide qualified mental health |
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professional community services; |
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(G) a registered or licensed vocational nurse who |
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is not credentialed to provide qualified mental health professional |
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community services; |
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(H) a board certified behavior analyst; |
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(I) a speech-language therapist; |
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(J) an occupational therapist; |
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(K) a physical therapist; |
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(L) a person who conducts home visits under the |
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Maternal, Infant, and Early Childhood Home Visiting Program; or |
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(M) a promotora, as defined by Section 48.001, |
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Health and Safety Code; |
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(8) must require that a service provider maintain all |
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records relating to the service provider's telepractice |
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interaction with a participant and provide copies of those records |
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to the participant; and |
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(9) may not require a person present at a site where a |
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participant is receiving services to maintain records relating to a |
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service provider's telepractice interaction with the participant |
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that are created at the site where the service provider is located. |
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(d) Not later than December 1, 2022, the commission shall |
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submit a report to the legislature evaluating the pilot project. |
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The report required by this subsection may be submitted |
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electronically. |
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(e) This section expires September 1, 2023. |
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SECTION 2. Not later than December 1, 2015, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Section 531.02177, Government Code, as |
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added by this Act. |
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SECTION 3. Not later than January 1, 2016, the Health and |
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Human Services Commission shall ensure that the pilot project |
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required by Section 531.02177, Government Code, as added by this |
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Act, is in operation. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |