| 1 | 1 | | 85R672 AJZ-D |
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| 2 | 2 | | By: Lucio S.B. No. 545 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to information regarding autism spectrum disorders. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Subchapter X to read as follows: |
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| 11 | 11 | | SUBCHAPTER X. INFORMATION REGARDING AUTISM SPECTRUM DISORDERS |
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| 12 | 12 | | Sec. 161.701. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Autism spectrum disorder" has the meaning |
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| 14 | 14 | | assigned by Section 1355.001, Insurance Code. |
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| 15 | 15 | | (2) "Health care provider" has the meaning assigned by |
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| 16 | 16 | | Section 34.001. |
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| 17 | 17 | | Sec. 161.702. INFORMATION REGARDING AUTISM SPECTRUM |
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| 18 | 18 | | DISORDERS. (a) The department shall make available information |
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| 19 | 19 | | regarding autism spectrum disorders that includes: |
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| 20 | 20 | | (1) information addressing physical, developmental, |
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| 21 | 21 | | educational, and psychosocial outcomes, behavioral safety |
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| 22 | 22 | | concerns, life expectancy, clinical course, and intellectual and |
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| 23 | 23 | | functional development for individuals with an autism spectrum |
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| 24 | 24 | | disorder; |
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| 25 | 25 | | (2) information regarding available treatment options |
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| 26 | 26 | | for individuals with an autism spectrum disorder; |
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| 27 | 27 | | (3) contact information for national and local autism |
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| 28 | 28 | | spectrum disorder education and support programs, services, and |
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| 29 | 29 | | organizations, including organizations in Houston, Dallas, San |
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| 30 | 30 | | Antonio, and Austin, and information hotlines, resource centers, |
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| 31 | 31 | | and clearinghouses; and |
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| 32 | 32 | | (4) any other information required by the department. |
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| 33 | 33 | | (b) The information described by Subsection (a) must be: |
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| 34 | 34 | | (1) current, evidence-based information that has been |
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| 35 | 35 | | reviewed by medical experts and local autism spectrum disorder |
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| 36 | 36 | | organizations; and |
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| 37 | 37 | | (2) published in English and Spanish. |
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| 38 | 38 | | (c) The department shall make the information described by |
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| 39 | 39 | | Subsection (a) available on the department's Internet website in a |
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| 40 | 40 | | format that may be easily printed. The department may provide the |
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| 41 | 41 | | information described by Subsection (a) in writing to health care |
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| 42 | 42 | | providers if the department determines that providing written |
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| 43 | 43 | | information is cost-effective. |
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| 44 | 44 | | Sec. 161.703. DUTY OF HEALTH CARE PROVIDER. (a) A health |
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| 45 | 45 | | care provider who administers or causes to be administered a test |
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| 46 | 46 | | for an autism spectrum disorder or who initially diagnoses a child |
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| 47 | 47 | | with an autism spectrum disorder shall provide the information |
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| 48 | 48 | | described by Section 161.702 to a parent of a child who receives: |
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| 49 | 49 | | (1) a test result indicating a probability or |
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| 50 | 50 | | diagnosis that the child has an autism spectrum disorder; or |
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| 51 | 51 | | (2) a diagnosis of an autism spectrum disorder. |
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| 52 | 52 | | (b) In addition to providing the information described by |
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| 53 | 53 | | Subsection (a), a health care provider may provide additional |
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| 54 | 54 | | information about autism spectrum disorders that is current and |
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| 55 | 55 | | evidence-based and has been reviewed by medical experts and |
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| 56 | 56 | | national autism spectrum disorder organizations. |
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| 57 | 57 | | (c) Notwithstanding any other law, this section does not |
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| 58 | 58 | | impose a standard of care or create an obligation or duty that |
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| 59 | 59 | | provides a basis for a cause of action against a health care |
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| 60 | 60 | | provider. A health care provider may not be held civilly or |
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| 61 | 61 | | criminally liable for failing to provide information as required by |
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| 62 | 62 | | Subsection (a). |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2017. |
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