Texas 2009 - 81st Regular

Texas House Bill HB165 Compare Versions

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1	1	81R349 KFF-D
2	2	By: Naishtat H.B. No. 165
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a career ladder for interveners who provide services
8	8	under the deaf-blind with multiple disabilities waiver program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Section 531.0973 to read as follows:
12	12	Sec. 531.0973. DEAF-BLIND WITH MULTIPLE DISABILITIES
13	13	WAIVER PROGRAM: CAREER LADDER FOR INTERVENERS. (a) In this
14	14	section, "deaf-blind related course work" means educational
15	15	courses designed to improve a student's:
16	16	(1) knowledge of deaf-blindness and its effect on
17	17	learning;
18	18	(2) knowledge of the role of intervention and ability
19	19	to facilitate the intervention process;
20	20	(3) knowledge of areas of communication relevant to
21	21	deaf-blindness, including methods, adaptations, and use of
22	22	assistive technology, and ability to facilitate a deaf-blind
23	23	person's development and use of communication skills;
24	24	(4) knowledge of the effect that deaf-blindness has on
25	25	a person's psychological, social, and emotional development and
26	26	ability to facilitate the emotional well-being of a deaf-blind
27	27	person;
28	28	(5) knowledge of and issues related to sensory systems
29	29	and ability to facilitate the use of the senses;
30	30	(6) knowledge of motor skills , movement, orientation,
31	31	and mobility strategies and ability to facilitate orientation and
32	32	mobility skills;
33	33	(7) knowledge of the effect that additional
34	34	disabilities have on a deaf-blind person and ability to provide
35	35	appropriate support; or
36	36	(8) professionalism and knowledge of ethical issues
37	37	relevant to the role of an intervener.
38	38	(b) The executive commissioner by rule shall adopt a career
39	39	ladder for persons who provide intervener services under the
40	40	deaf-blind with multiple disabilities waiver program. The rules
41	41	must provide a system under which each person may be classified
42	42	based on the person's level of training, education, and experience,
43	43	as one of the following:
44	44	(1) Intervener-in-Training;
45	45	(2) Intervener I;
46	46	(3) Intervener II; or
47	47	(4) Intervener III.
48	48	(c) The rules adopted by the executive commissioner under
49	49	Subsection (b) must, at a minimum, require that:
50	50	(1) an Intervener-in-Training:
51	51	(A) complete any orientation or training course
52	52	that is required to be completed by any person who provides direct
53	53	care services to recipients of services under the deaf-blind with
54	54	multiple disabilities waiver program; and
55	55	(B) be actively pursuing classification as an
56	56	Intervener I;
57	57	(2) an Intervener I:
58	58	(A) complete any orientation or training course
59	59	described by Subdivision (1)(A);
60	60	(B) hold a high school diploma or a high school
61	61	equivalency certificate; and
62	62	(C) have completed at least 10 semester credit
63	63	hours, including a two-hour practicum in deaf-blind related course
64	64	work, at a public or private institution of higher education;
65	65	(3) an Intervener II:
66	66	(A) meet the requirements of an Intervener I; and
67	67	(B) have completed an additional 10 semester
68	68	credit hours in deaf-blind related course work at a public or
69	69	private institution of higher education; and
70	70	(4) an Intervener III:
71	71	(A) meet the requirements of an Intervener II;
72	72	and
73	73	(B) hold an associate's or bachelor's degree from
74	74	a public or private institution of higher education.
75	75	(d) Notwithstanding Subsections (b) and (c), the executive
76	76	commissioner may adopt a career ladder under this section based on
77	77	credentialing standards for interveners developed by the Academy
78	78	for Certification of Vision Rehabilitation and Education
79	79	Professionals or any other private credentialing entity that the
80	80	executive commissioner determines is appropriate.
81	81	(e) The compensation that an intervener receives for
82	82	providing services under the deaf-blind with multiple disabilities
83	83	waiver program must be based on and commensurate with the
84	84	intervener's career ladder classification.
85	85	SECTION 2. If before adopting rules under Section 531.0973,
86	86	Government Code, as added by this Act, the executive commissioner
87	87	of the Health and Human Services Commission determines that an
88	88	amendment to this state's deaf-blind with multiple disabilities
89	89	waiver under Section 1915(c) of the federal Social Security Act (42
90	90	U.S.C. Section 1396n(c)) or other authorization from the federal
91	91	Centers for Medicare and Medicaid Services or any other federal
92	92	agency is necessary, the executive commissioner shall apply for and
93	93	actively pursue the amendment or other authorization and may delay
94	94	adopting rules under Section 531.0973, Government Code, as added by
95	95	this Act, until the amendment or other authorization applied for
96	96	under this section is granted.
97	97	SECTION 3. This Act takes effect September 1, 2009.