H.B. No. 2783
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2783 was passed by the House on May 7,
2019, by the following vote: Yeas 141, Nays 5, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2783 was passed by the Senate on May
22, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor