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A BILL TO BE ENTITLED
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AN ACT
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relating to a career ladder for interveners who provide services |
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under the deaf-blind with multiple disabilities waiver program. |
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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 531.0973 to read as follows: |
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Sec. 531.0973. DEAF-BLIND WITH MULTIPLE DISABILITIES |
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WAIVER PROGRAM: CAREER LADDER FOR INTERVENERS. (a) In this |
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section, "deaf-blind related course work" means educational |
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courses designed to improve a student's: |
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(1) knowledge of deaf-blindness and its effect on |
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learning; |
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(2) knowledge of the role of intervention and ability |
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to facilitate the intervention process; |
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(3) knowledge of areas of communication relevant to |
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deaf-blindness, including methods, adaptations, and use of |
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assistive technology, and ability to facilitate a deaf-blind |
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person's development and use of communication skills; |
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(4) knowledge of the effect that deaf-blindness has on |
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a person's psychological, social, and emotional development and |
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ability to facilitate the emotional well-being of a deaf-blind |
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person; |
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(5) knowledge of and issues related to sensory systems |
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and ability to facilitate the use of the senses; |
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(6) knowledge of motor skills , movement, orientation, |
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and mobility strategies and ability to facilitate orientation and |
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mobility skills; |
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(7) knowledge of the effect that additional |
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disabilities have on a deaf-blind person and ability to provide |
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appropriate support; or |
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(8) professionalism and knowledge of ethical issues |
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relevant to the role of an intervener. |
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(b) The executive commissioner by rule shall adopt a career |
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ladder for persons who provide intervener services under the |
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deaf-blind with multiple disabilities waiver program. The rules |
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must provide a system under which each person may be classified |
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based on the person's level of training, education, and experience, |
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as one of the following: |
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(1) Intervener; |
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(2) Intervener I; |
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(3) Intervener II; or |
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(4) Intervener III. |
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(c) The rules adopted by the executive commissioner under |
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Subsection (b) must, at a minimum, require that: |
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(1) an Intervener: |
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(A) complete any orientation or training course |
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that is required to be completed by any person who provides direct |
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care services to recipients of services under the deaf-blind with |
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multiple disabilities waiver program; |
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(B) hold a high school diploma or a high school |
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equivalency certificate; |
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(C) have at least two years of experience working |
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with individuals with developmental disabilities; |
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(D) have the ability to proficiently communicate |
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in the functional language of the deaf-blind person; and |
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(E) meet all direct care worker qualifications as |
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determined by the deaf-blind with multiple disabilities waiver |
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program; |
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(2) an Intervener I: |
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(A) meet the requirements of an Intervener under |
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Subdivision (1); |
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(B) have at least six months of experience |
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working with deaf-blind persons; and |
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(C) have completed at least eight semester credit |
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hours, plus a one-hour practicum in deaf-blind related course work, |
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at an accredited college or university; |
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(3) an Intervener II: |
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(A) meet the requirements of an Intervener I; |
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(B) have at least nine months of experience |
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working with deaf-blind persons; and |
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(C) have completed an additional 10 semester |
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credit hours in deaf-blind related course work at an accredited |
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college or university; and |
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(4) an Intervener III: |
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(A) meet the requirements of an Intervener II; |
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(B) have at least one year of experience working |
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with deaf-blind persons; and |
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(C) hold an associate's or bachelor's degree from |
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an accredited college or university in a course of study with a |
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focus on deaf-blind related course work. |
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(d) Notwithstanding Subsections (b) and (c), the executive |
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commissioner may adopt a career ladder under this section based on |
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credentialing standards for interveners developed by the Academy |
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for Certification of Vision Rehabilitation and Education |
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Professionals or any other private credentialing entity that the |
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executive commissioner determines is appropriate. |
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(e) The compensation that an intervener receives for |
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providing services under the deaf-blind with multiple disabilities |
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waiver program must be based on and commensurate with the |
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intervener's career ladder classification. |
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SECTION 2. If before adopting rules under Section 531.0973, |
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Government Code, as added by this Act, the executive commissioner |
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of the Health and Human Services Commission determines that an |
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amendment to this state's deaf-blind with multiple disabilities |
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waiver under Section 1915(c) of the federal Social Security Act (42 |
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U.S.C. Section 1396n(c)) or other authorization from the federal |
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Centers for Medicare and Medicaid Services or any other federal |
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agency is necessary, the executive commissioner shall apply for and |
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actively pursue the amendment or other authorization and may delay |
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adopting rules under Section 531.0973, Government Code, as added by |
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this Act, until the amendment or other authorization applied for |
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under this section is granted. |
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SECTION 3. This Act takes effect September 1, 2009. |