1 | 1 | | 89R9458 MPF-D |
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2 | 2 | | By: Blanco S.B. No. 1966 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of information regarding centers for |
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10 | 10 | | independent living for certain persons with an intellectual or |
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11 | 11 | | developmental disability. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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14 | 14 | | amended by adding Section 29.0033 to read as follows: |
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15 | 15 | | Sec. 29.0033. INTELLECTUAL OR DEVELOPMENTAL DISABILITY |
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16 | 16 | | CARE INFORMATION. (a) In this section, "center for independent |
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17 | 17 | | living" has the meaning assigned by Section 702 of the federal |
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18 | 18 | | Rehabilitation Act of 1973 (29 U.S.C. Section 796a). |
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19 | 19 | | (b) Each school district and open-enrollment charter school |
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20 | 20 | | shall provide informational materials on centers for independent |
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21 | 21 | | living to a parent or legal guardian whose child: |
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22 | 22 | | (1) receives special education services under this |
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23 | 23 | | subchapter; or |
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24 | 24 | | (2) is covered by Section 504 of the federal |
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25 | 25 | | Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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26 | 26 | | (c) The Health and Human Services Commission, in |
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27 | 27 | | collaboration with the agency, shall develop and provide the agency |
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28 | 28 | | the informational materials required to be provided to parents or |
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29 | 29 | | legal guardians under Subsection (b). The materials must include: |
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30 | 30 | | (1) a description of the health care and other |
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31 | 31 | | services available to persons with an intellectual or developmental |
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32 | 32 | | disability through a center for independent living; and |
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33 | 33 | | (2) the contact information for centers of independent |
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34 | 34 | | living in this state. |
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35 | 35 | | (d) The agency shall make the materials developed under this |
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36 | 36 | | section available to school districts and open-enrollment charter |
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37 | 37 | | schools. |
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38 | 38 | | SECTION 2. Section 161.501(a), Health and Safety Code, is |
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39 | 39 | | amended to read as follows: |
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40 | 40 | | (a) A hospital, birthing center, physician, nurse midwife, |
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41 | 41 | | or midwife who provides prenatal care to a pregnant woman during |
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42 | 42 | | gestation or at delivery of an infant shall: |
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43 | 43 | | (1) provide the woman and the father of the infant, if |
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44 | 44 | | possible, or another adult caregiver for the infant, with a |
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45 | 45 | | resource pamphlet that includes: |
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46 | 46 | | (A) a list of the names, addresses, and phone |
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47 | 47 | | numbers of professional organizations that provide postpartum |
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48 | 48 | | counseling and assistance to parents relating to postpartum |
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49 | 49 | | depression and other emotional trauma associated with pregnancy and |
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50 | 50 | | parenting; |
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51 | 51 | | (B) information regarding the prevention of |
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52 | 52 | | shaken baby syndrome including: |
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53 | 53 | | (i) techniques for coping with anger caused |
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54 | 54 | | by a crying baby; |
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55 | 55 | | (ii) different methods for preventing a |
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56 | 56 | | person from shaking a newborn, infant, or other young child; |
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57 | 57 | | (iii) the dangerous effects of shaking a |
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58 | 58 | | newborn, infant, or other young child; and |
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59 | 59 | | (iv) the symptoms of shaken baby syndrome |
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60 | 60 | | and who to contact, as recommended by the American Academy of |
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61 | 61 | | Pediatrics, if a parent suspects or knows that a baby has been |
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62 | 62 | | shaken in order to receive prompt medical treatment; |
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63 | 63 | | (C) a list of diseases for which a child is |
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64 | 64 | | required by state law to be immunized and the appropriate schedule |
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65 | 65 | | for the administration of those immunizations; |
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66 | 66 | | (D) the appropriate schedule for follow-up |
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67 | 67 | | procedures for newborn screening; |
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68 | 68 | | (E) information regarding sudden infant death |
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69 | 69 | | syndrome, including current recommendations for infant sleeping |
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70 | 70 | | conditions to lower the risk of sudden infant death syndrome; |
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71 | 71 | | (F) educational information in both English and |
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72 | 72 | | Spanish on: |
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73 | 73 | | (i) pertussis disease and the availability |
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74 | 74 | | of a vaccine to protect against pertussis, including information on |
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75 | 75 | | the Centers for Disease Control and Prevention recommendation that |
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76 | 76 | | parents receive Tdap during the postpartum period to protect |
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77 | 77 | | newborns from the transmission of pertussis; and |
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78 | 78 | | (ii) the incidence of cytomegalovirus, |
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79 | 79 | | birth defects caused by congenital cytomegalovirus, and available |
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80 | 80 | | resources for the family of an infant born with congenital |
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81 | 81 | | cytomegalovirus; and |
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82 | 82 | | (G) the danger of heatstroke for a child left |
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83 | 83 | | unattended in a motor vehicle; |
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84 | 84 | | (2) if the woman is a recipient of medical assistance |
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85 | 85 | | under Chapter 32, Human Resources Code, provide the woman and the |
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86 | 86 | | father of the infant, if possible, or another adult caregiver with a |
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87 | 87 | | resource guide that includes information in both English and |
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88 | 88 | | Spanish relating to the development, health, and safety of a child |
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89 | 89 | | from birth until age five, including information relating to: |
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90 | 90 | | (A) selecting and interacting with a primary |
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91 | 91 | | health care practitioner and establishing a "medical home" for the |
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92 | 92 | | child; |
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93 | 93 | | (B) dental care; |
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94 | 94 | | (C) effective parenting; |
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95 | 95 | | (D) child safety; |
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96 | 96 | | (E) the importance of reading to a child; |
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97 | 97 | | (F) expected developmental milestones; |
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98 | 98 | | (G) health care resources available in the state; |
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99 | 99 | | (H) selecting appropriate child care; and |
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100 | 100 | | (I) other resources available in the state; |
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101 | 101 | | (3) if the infant is born with an intellectual or |
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102 | 102 | | developmental disability, provide the woman and the father of the |
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103 | 103 | | infant, if possible, or another adult caregiver of the infant with a |
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104 | 104 | | resource guide on centers for independent living as defined by |
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105 | 105 | | Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. |
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106 | 106 | | Section 796a) and the services provided by the centers for a child |
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107 | 107 | | with an intellectual or developmental disability; |
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108 | 108 | | (4) document in the woman's record that the woman |
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109 | 109 | | received the resource pamphlet described in Subdivision (1) and the |
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110 | 110 | | resource guide described in Subdivision (2) or (3), if applicable; |
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111 | 111 | | and |
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112 | 112 | | (5) [(4)] retain the documentation for at least five |
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113 | 113 | | years in the hospital's, birthing center's, physician's, nurse |
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114 | 114 | | midwife's, or midwife's records. |
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115 | 115 | | SECTION 3. Subtitle E, Title 7, Health and Safety Code, is |
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116 | 116 | | amended by adding Chapter 616 to read as follows: |
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117 | 117 | | CHAPTER 616. INTELLECTUAL OR DEVELOPMENTAL DISABILITY CARE |
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118 | 118 | | INFORMATION |
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119 | 119 | | Sec. 616.001. DEFINITION. In this section, "center for |
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120 | 120 | | independent living" has the meaning assigned by Section 702 of the |
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121 | 121 | | federal Rehabilitation Act of 1973 (29 U.S.C. Section 796a). |
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122 | 122 | | Sec. 616.002. PROVISION OF INFORMATION TO PERSON DIAGNOSED |
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123 | 123 | | WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) A health care |
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124 | 124 | | provider who diagnoses an individual with an intellectual or |
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125 | 125 | | developmental disability shall provide the individual and, if |
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126 | 126 | | appropriate, the individual's parent, managing conservator, |
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127 | 127 | | guardian, or caregiver informational materials on centers for |
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128 | 128 | | independent living described by Subsection (b). |
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129 | 129 | | (b) The Health and Human Services Commission shall develop |
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130 | 130 | | informational materials regarding centers for independent living |
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131 | 131 | | and post the materials on the commission's Internet website. The |
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132 | 132 | | informational materials must include: |
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133 | 133 | | (1) a description of the health care and other |
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134 | 134 | | services available to persons with an intellectual or developmental |
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135 | 135 | | disability through a center for independent living; and |
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136 | 136 | | (2) the contact information for centers of independent |
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137 | 137 | | living in this state. |
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138 | 138 | | SECTION 4. (a) Not later than December 1, 2025, the Health |
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139 | 139 | | and Human Services Commission shall develop and make available the |
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140 | 140 | | informational materials required by Section 29.0033, Education |
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141 | 141 | | Code, as added by this Act, and Section 616.002, Health and Safety |
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142 | 142 | | Code, as added by this Act. |
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143 | 143 | | (b) Notwithstanding Section 29.0033, Education Code, as |
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144 | 144 | | added by this Act, or Section 616.002, Health and Safety Code, as |
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145 | 145 | | added by this Act, a school district, open-enrollment charter |
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146 | 146 | | school, or health care provider is not required to comply with those |
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147 | 147 | | provisions until January 1, 2026. |
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148 | 148 | | SECTION 5. (a) Not later than December 1, 2025, the |
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149 | 149 | | Department of State Health Services shall develop the resource |
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150 | 150 | | guide on centers for independent living required to be provided |
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151 | 151 | | under Section 161.501(a), Health and Safety Code, as amended by |
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152 | 152 | | this Act. |
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153 | 153 | | (b) Notwithstanding the change in law made by this Act to |
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154 | 154 | | Section 161.501(a), Health and Safety Code, a hospital, birthing |
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155 | 155 | | center, physician, nurse midwife, or midwife who provides prenatal |
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156 | 156 | | care to a pregnant woman during gestation or delivery of an infant |
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157 | 157 | | is not required to provide the resource guide on centers for |
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158 | 158 | | independent living until January 1, 2026. |
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159 | 159 | | SECTION 6. This Act takes effect September 1, 2025. |
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