BILL ANALYSIS

H.B. 3808

By: Wilson

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law governing the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council contains restrictions on the council's composition that were created based on legislation from other states that have proven to inadequately serve the needs of Texans. The legislation originally creating the council did not allow enough flexibility with respect to who may be appointed to the council, which has made it difficult to find qualified members. Additionally, the positions of chair and vice chair may only be filled by legislators, leading to difficulty in scheduling council meetings that accommodate all members' schedules. H.B. 3808 seeks to address these issues by expanding the types of providers who may serve on the council, authorizing the council's legislative members to designate an individual to serve in their place, and permitting the election of any council member to serve as chair and vice chair.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3808 amends the Health and Safety Code to replace the following three members of the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council appointed by the governor with three health care provider members appointed by the governor who are licensed, certified, or otherwise authorized by state law to provide or render health care:

· 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;

· 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; and

· 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.

The bill removes the requirement that the social worker council member be a state-licensed social worker. The bill authorizes the council members of the senate and the house of representatives appointed by the lieutenant governor and the speaker of the house of representatives, respectively, to designate another individual to serve in the member's place on the council at the pleasure of the member. The bill requires a legislator who designates another individual to serve in the member's place to provide written notification to the council's chair.

H.B. 3808 removes the condition that the council's chair and vice chair be a legislator and specifies that the election of chair and vice chair is by a majority vote.

EFFECTIVE DATE

September 1, 2023.