81R22829 KFF-D
By: Naishtat, King of Taylor, H.B. No. 165
Howard of Fort Bend, Bohac, Hughes,
et al.
Substitute the following for H.B.
A BILL TO BE ENTITLED
AN ACT
relating to a career ladder for interveners who provide services
under the deaf-blind with multiple disabilities waiver program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0973 to read as follows:
Sec. 531.0973. DEAF-BLIND WITH MULTIPLE DISABILITIES
WAIVER PROGRAM: CAREER LADDER FOR INTERVENERS. (a) In this
section, "deaf-blind related course work" means educational
courses designed to improve a student's:
(1) knowledge of deaf-blindness and its effect on
learning;
(2) knowledge of the role of intervention and ability
to facilitate the intervention process;
(3) knowledge of areas of communication relevant to
deaf-blindness, including methods, adaptations, and use of
assistive technology, and ability to facilitate a deaf-blind
person's development and use of communication skills;
(4) knowledge of the effect that deaf-blindness has on
a person's psychological, social, and emotional development and
ability to facilitate the emotional well-being of a deaf-blind
person;
(5) knowledge of and issues related to sensory systems
and ability to facilitate the use of the senses;
(6) knowledge of motor skills , movement, orientation,
and mobility strategies and ability to facilitate orientation and
mobility skills;
(7) knowledge of the effect that additional
disabilities have on a deaf-blind person and ability to provide
appropriate support; or
(8) professionalism and knowledge of ethical issues
relevant to the role of an intervener.
(b) The executive commissioner by rule shall adopt a career
ladder for persons who provide intervener services under the
deaf-blind with multiple disabilities waiver program. The rules
must provide a system under which each person may be classified
based on the person's level of training, education, and experience,
as one of the following:
(1) Intervener;
(2) Intervener I;
(3) Intervener II; or
(4) Intervener III.
(c) The rules adopted by the executive commissioner under
Subsection (b) must, at a minimum, require that:
(1) an Intervener:
(A) complete any orientation or training course
that is required to be completed by any person who provides direct
care services to recipients of services under the deaf-blind with
multiple disabilities waiver program;
(B) hold a high school diploma or a high school
equivalency certificate;
(C) have at least two years of experience working
with individuals with developmental disabilities;
(D) have the ability to proficiently communicate
in the functional language of the deaf-blind person; and
(E) meet all direct care worker qualifications as
determined by the deaf-blind with multiple disabilities waiver
program;
(2) an Intervener I:
(A) meet the requirements of an Intervener under
Subdivision (1);
(B) have at least six months of experience
working with deaf-blind persons; and
(C) have completed at least eight semester credit
hours, plus a one-hour practicum in deaf-blind related course work,
at an accredited college or university;
(3) an Intervener II:
(A) meet the requirements of an Intervener I;
(B) have at least nine months of experience
working with deaf-blind persons; and
(C) have completed an additional 10 semester
credit hours in deaf-blind related course work at an accredited
college or university; and
(4) an Intervener III:
(A) meet the requirements of an Intervener II;
(B) have at least one year of experience working
with deaf-blind persons; and
(C) hold an associate's or bachelor's degree from
an accredited college or university in a course of study with a
focus on deaf-blind related course work.
(d) Notwithstanding Subsections (b) and (c), the executive
commissioner may adopt a career ladder under this section based on
credentialing standards for interveners developed by the Academy
for Certification of Vision Rehabilitation and Education
Professionals or any other private credentialing entity that the
executive commissioner determines is appropriate.
(e) The compensation that an intervener receives for
providing services under the deaf-blind with multiple disabilities
waiver program must be based on and commensurate with the
intervener's career ladder classification.
SECTION 2. If before adopting rules under Section 531.0973,
Government Code, as added by this Act, the executive commissioner
of the Health and Human Services Commission determines that an
amendment to this state's deaf-blind with multiple disabilities
waiver under Section 1915(c) of the federal Social Security Act (42
U.S.C. Section 1396n(c)) or other authorization from the federal
Centers for Medicare and Medicaid Services or any other federal
agency is necessary, the executive commissioner shall apply for and
actively pursue the amendment or other authorization and may delay
adopting rules under Section 531.0973, Government Code, as added by
this Act, until the amendment or other authorization applied for
under this section is granted.
SECTION 3. This Act takes effect September 1, 2009.