By: Wilson (Senate Sponsor - Buckingham) H.B. No. 2783

(In the Senate - Received from the House May 8, 2019; May 10, 2019, read first time and referred to Committee on Health & Human Services; May 20, 2019, reported favorably by the following vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 119A to read as follows:

CHAPTER 119A. PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC SYNDROME

ADVISORY COUNCIL

Sec. 119A.001. DEFINITION. In this chapter, "advisory council" means the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council established under this chapter.

Sec. 119A.002. ESTABLISHMENT OF ADVISORY COUNCIL. The Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council is established to advise the commission and the legislature on research, diagnosis, treatment, and education related to pediatric acute-onset neuropsychiatric syndrome.

Sec. 119A.003. APPOINTMENT OF ADVISORY COUNCIL MEMBERS. (a) The advisory council is composed of the following 19 members:

(1) one member designated by the executive commissioner;

(2) two members of the senate appointed by the lieutenant governor;

(3) two members of the house of representatives appointed by the speaker of the house of representatives; and

(4) 14 members appointed by the governor with the following qualifications:

(A) one member who is a licensed health care provider with expertise in treating persons with pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, and autism;

(B) one member who is an osteopathic physician with experience treating persons with pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections;

(C) one member who is a pediatrician with experience treating persons with pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections;

(D) one member who is a child psychiatrist with experience treating persons with pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections;

(E) one member who is an immunologist with experience treating persons with pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, and the use of intravenous immunoglobulin;

(F) one member who is a dietician or nutritionist who provides services to children with autism spectrum disorders, attention-deficit/hyperactivity disorders, and other neuro-developmental conditions;

(G) one member with experience in conducting research on pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, obsessive-compulsive disorder, tic disorders, and other neurological disorders;

(H) one member who is licensed by this state to practice as a social worker;

(I) one member who is a representative of the Texas Education Agency with expertise in special education services;

(J) one member who is a psychologist licensed under Chapter 501, Occupations Code;

(K) one member who is a representative of a professional organization in this state for school nurses;

(L) one member who is a representative of an advocacy and support group in this state for individuals affected by pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections;

(M) one member who is a representative of an advocacy and support group in this state for individuals affected by autism; and

(N) one member who is a parent of a child who has been diagnosed with pediatric acute-onset neuropsychiatric syndrome or autism.

(b) The member designated by the executive commissioner serves as an ex officio nonvoting member. In the event of a tie vote among the members of the advisory council, the member designated by the executive commissioner may cast the deciding vote.

(c) Each member of the advisory council must be a citizen of this state.

Sec. 119A.004. TERMS; VACANCY. (a) Advisory council members appointed by the lieutenant governor and the speaker of the house of representatives serve terms that coincide with the advisory council members' terms of office. The remaining members serve two-year terms.

(b) A vacancy on the advisory council shall be filled in the same manner as the original appointment.

(c) A member appointed to fill a vacancy holds the office for the unexpired portion of the term.

(d) Each member may be reappointed to serve on the advisory council.

Sec. 119A.005. CHAIR AND VICE CHAIR. Members of the advisory council shall elect from among the legislative members of the advisory council a chair and vice chair.

Sec. 119A.006. MEETINGS; QUORUM. (a) The advisory council shall meet at times and locations as determined by the chair or a majority of the members of the advisory council.

(b) A majority of the members of the advisory council constitute a quorum.

Sec. 119A.007. ANNUAL REPORT. (a) Not later than September 1 of each year, the advisory council shall prepare and submit to the governor, legislature, and commission a written report that includes recommendations on:

(1) practice guidelines for the diagnosis and treatment of pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections;

(2) mechanisms to increase clinical awareness and education regarding pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, among physicians, including pediatricians, school-based health centers, and mental health care providers;

(3) strategies for outreach to educators and parents to increase awareness of pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections; and

(4) developing a network of volunteer experts on the diagnosis and treatment of pediatric acute-onset neuropsychiatric syndrome, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, to assist in the delivery of education and outreach.

(b) Notwithstanding any other law, this section, including any action taken under this section to develop or disseminate information or materials, does not create a civil or administrative cause of action or a civil or criminal liability and does not create a standard of care, obligation, or duty that provides the basis for a cause of action.

Sec. 119A.008. COMPENSATION AND REIMBURSEMENT. A member of the advisory council is not entitled to compensation or reimbursement for expenses incurred in performing advisory council duties.

Sec. 119A.009. SUNSET PROVISION. The Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the advisory council is abolished and this chapter expires September 1, 2031.

Sec. 119A.010. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the advisory council.

SECTION 2. Not later than December 31, 2019, the governor, lieutenant governor, speaker of the house of representatives, and executive commissioner of the Health and Human Services Commission shall appoint the members to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council as required by Section 119A.003, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2019.

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