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By: Nelson S.B. No. 1329
A BILL TO BE ENTITLED
AN ACT
relating to the Interagency Council for Genetic Services and the
provision of genetic counseling services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (c), Section 134.001, Human
Resources Code, are amended to read as follows:
(b) The council consists of:
(1) a representative of the [Texas] Department of
Aging and Disability Services [Mental Health and Mental
Retardation], appointed by the commissioner of that department
[mental health and mental retardation];
(2) a representative of the [Texas] Department of
State Health Services, appointed by the commissioner of that
department [health];
(3) a representative of the Texas Department of
Insurance, appointed by the commissioner of insurance;
(4) a representative of The University of Texas health
science centers, appointed by the chancellor of The University of
Texas System;
(5) a representative of the public and private
entities that contract with the [Texas] Department of State Health
Services to provide genetic services, elected from their
membership; and
(6) two consumers of genetic services, family members
of consumers of genetic services, or representatives of consumer
groups related to the provision of genetic services, appointed by
the governor.
(c) The members provided for by Subdivisions (5) and (6) of
Subsection (b) [of this section] serve two-year terms and may be
reappointed or reelected for subsequent terms. A representative of
the [Texas] Department of Aging and Disability Services, [Mental
Health and Mental Retardation, Texas] Department of State Health
Services, Texas Department of Insurance, or The University of Texas
health science centers serves at the pleasure of the appropriate
[his respective] commissioner or chancellor or until termination of
the person's [his] employment with the represented entity [he
represents].
SECTION 2. Subsection (b), Section 134.003, Human Resources
Code, is amended to read as follows:
(b) The [Texas] Department of State Health Services,
[Texas] Department of Aging and Disability Services [Mental Health
and Mental Retardation], Texas Department of Insurance, and The
University of Texas health science centers shall share the cost of
providing clerical and advisory support staff to the council.
SECTION 3. Section 134.004, Human Resources Code, is
amended to read as follows:
Sec. 134.004. DUTIES. The council shall:
(1) survey current resources for human genetic
services in the state;
(2) initiate a scientific evaluation of the current
and future needs for the services;
(3) develop a comparable data base among providers
that will permit the evaluation of cost-effectiveness and the value
of different human genetic services and methods of service
delivery;
(4) promote a common statewide data base to study the
epidemiology of human genetic disorders;
(5) assist in coordinating statewide human genetic
services for all state residents;
(6) increase the flow of information among separate
providers and appropriation authorities and develop recommended
contract terms that address the provision of and payment for the use
of human genetic services to cure disease under publicly funded
programs for the provision of health care;
(7) develop guidelines to monitor the provision of
human genetic services, including laboratory testing;
(8) identify state entities that serve persons who are
affected by or who are at risk of having children who are affected
by environmental genetic disorders and coordinate activities with
those agencies; [and]
(9) develop strategies, including the use of
telemedicine and genetic counselors, to increase the availability
of genetic services in rural and underserved areas of the state;
(10) coordinate and expand education to the public,
health care providers, medical students, child-care workers, and
school personnel regarding human genetic services and genetic
disorders;
(11) address language and cultural barriers that
affect the council's mission and train providers in cultural
competency;
(12) address the trend to transfer costs for providing
genetic services to a clinical geneticist or the clinical
geneticist's employer;
(13) develop recruitment strategies and educational
programs to attract diversity in genetic services clinics; and
(14) work in coordination with the state agencies
named in Sections 134.001(b)(1), (2), and (3) when the agency
initiates, considers, or proposes a rule relating to human genetics
or human genetic services.
SECTION 4. Section 134.005, Human Resources Code, is
amended to read as follows:
Sec. 134.005. USE OF FUNDS. (a) The council may receive
any appropriation, donation, contribution, or other funds from the
state or federal government or any other public or private source to
perform its duties under this chapter [Act]. The [Texas]
Department of State Health Services shall accept the funds on
behalf of the council and shall deposit any funds accepted under
this subsection to the credit of a special account in the General
Revenue Fund. The department may retain a percentage of any funds
accepted on behalf of the council to cover its costs in
administering this subsection. The percentage retained by the
department shall be set at a level agreeable to the council.
(b) If the [Texas] Department of State Health Services,
[Texas] Department of Aging and Disability Services [Mental Health
and Mental Retardation], Texas Department of Insurance, or The
University of Texas health science centers receive federal funds to
be used only to coordinate and plan statewide genetic services, the
department or system shall transfer the funds to the council
through the [Texas] Department of State Health Services to be used
for the purposes for which the funds were received.
(c) The council shall adopt and employ policies and methods
of financial management which are acceptable to the [Texas]
Department of State Health Services.
(d) The [Texas] Department of State Health Services may
expend funds received on behalf of the council under this section
for the purposes of this chapter [Act], in accordance with the
recommendations from the council.
SECTION 5. Section 134.006, Human Resources Code, is
amended to read as follows:
Sec. 134.006. ANNUAL REPORTS. The council shall annually
submit a progress report to the executive commissioner of the
Health and Human Services Commission, to the commissioners [boards]
of the [Texas] Department of State Health Services and the [Texas]
Department of Aging and Disability Services [Mental Health and
Mental Retardation], to the commissioner of insurance [the Texas
Department of Insurance], and to the board of regents of The
University of Texas System.
SECTION 6. Chapter 134, Human Resources Code, is amended by
adding Sections 134.007, 134.008, and 134.009 to read as follows:
Sec. 134.007. TASK FORCE. (a) The commissioner of state
health services shall appoint a task force to study best practices
for educating medical students and local health care providers on
genetic issues and providing for their participation in genetic
services clinics.
(b) Members of the task force are not entitled to
compensation, per diem, or expense reimbursement for their service
on the task force.
Sec. 134.008. ADVISORY COMMITTEE ON LICENSING. (a) The
commissioner of state health services shall establish an advisory
committee on the licensing of genetic counselors.
(b) The advisory committee shall be composed of members
appointed by the commissioner of state health services from the
public and private sectors, including:
(1) representatives from the agencies included in the
council;
(2) a Department of State Health Services employee who
performs functions relating to licensing; and
(3) a representative of the public.
(c) The Department of State Health Services shall provide
staff necessary for the advisory committee.
(d) The advisory committee shall make recommendations to
the executive commissioner of the Health and Human Services
Commission with respect to the creation of licensing standards for
genetic counselors.
(e) Section 2110.008, Government Code, does not apply to the
advisory committee.
Sec. 134.009. LICENSING OF GENETIC COUNSELORS. (a) A
person may not act as a genetic counselor if the person does not
hold a license issued in accordance with rules adopted under this
section.
(b) The executive commissioner of the Health and Human
Services Commission shall adopt rules governing the license
requirements for genetic counselors, including rules relating to:
(1) the term of the license;
(2) a fee for the license and renewal of the license,
which must be set in amounts necessary to defray the costs of
administering the licensing program;
(3) renewal of the license; and
(4) training or educational requirements for license
holders that ensure that genetic counselors meet minimum standards
for competency as necessary to protect the health and safety of
residents of this state.
(c) In adopting rules under Subsection (b), the executive
commissioner shall consider the recommendations of the advisory
committee established under Section 134.008.
SECTION 7. This Act takes effect September 1, 2005.