89R9458 MPF-D
 
  By: Blanco S.B. No. 1966
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of information regarding centers for
  independent living for certain persons with an intellectual or
  developmental disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0033 to read as follows:
         Sec. 29.0033.  INTELLECTUAL OR DEVELOPMENTAL DISABILITY
  CARE INFORMATION. (a) In this section, "center for independent
  living" has the meaning assigned by Section 702 of the federal
  Rehabilitation Act of 1973 (29 U.S.C. Section 796a).
         (b)  Each school district and open-enrollment charter school
  shall provide informational materials on centers for independent
  living to a parent or legal guardian whose child:
               (1)  receives special education services under this
  subchapter; or
               (2)  is covered by Section 504 of the federal
  Rehabilitation Act of 1973 (29 U.S.C. Section 794).
         (c)  The Health and Human Services Commission, in
  collaboration with the agency, shall develop and provide the agency
  the informational materials required to be provided to parents or
  legal guardians under Subsection (b). The materials must include:
               (1)  a description of the health care and other
  services available to persons with an intellectual or developmental
  disability through a center for independent living; and
               (2)  the contact information for centers of independent
  living in this state.
         (d)  The agency shall make the materials developed under this
  section available to school districts and open-enrollment charter
  schools.
         SECTION 2.  Section 161.501(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A hospital, birthing center, physician, nurse midwife,
  or midwife who provides prenatal care to a pregnant woman during
  gestation or at delivery of an infant shall:
               (1)  provide the woman and the father of the infant, if
  possible, or another adult caregiver for the infant, with a
  resource pamphlet that includes:
                     (A)  a list of the names, addresses, and phone
  numbers of professional organizations that provide postpartum
  counseling and assistance to parents relating to postpartum
  depression and other emotional trauma associated with pregnancy and
  parenting;
                     (B)  information regarding the prevention of
  shaken baby syndrome including:
                           (i)  techniques for coping with anger caused
  by a crying baby;
                           (ii)  different methods for preventing a
  person from shaking a newborn, infant, or other young child;
                           (iii)  the dangerous effects of shaking a
  newborn, infant, or other young child; and
                           (iv)  the symptoms of shaken baby syndrome
  and who to contact, as recommended by the American Academy of
  Pediatrics, if a parent suspects or knows that a baby has been
  shaken in order to receive prompt medical treatment;
                     (C)  a list of diseases for which a child is
  required by state law to be immunized and the appropriate schedule
  for the administration of those immunizations;
                     (D)  the appropriate schedule for follow-up
  procedures for newborn screening;
                     (E)  information regarding sudden infant death
  syndrome, including current recommendations for infant sleeping
  conditions to lower the risk of sudden infant death syndrome;
                     (F)  educational information in both English and
  Spanish on:
                           (i)  pertussis disease and the availability
  of a vaccine to protect against pertussis, including information on
  the Centers for Disease Control and Prevention recommendation that
  parents receive Tdap during the postpartum period to protect
  newborns from the transmission of pertussis; and
                           (ii)  the incidence of cytomegalovirus,
  birth defects caused by congenital cytomegalovirus, and available
  resources for the family of an infant born with congenital
  cytomegalovirus; and
                     (G)  the danger of heatstroke for a child left
  unattended in a motor vehicle;
               (2)  if the woman is a recipient of medical assistance
  under Chapter 32, Human Resources Code, provide the woman and the
  father of the infant, if possible, or another adult caregiver with a
  resource guide that includes information in both English and
  Spanish relating to the development, health, and safety of a child
  from birth until age five, including information relating to:
                     (A)  selecting and interacting with a primary
  health care practitioner and establishing a "medical home" for the
  child;
                     (B)  dental care;
                     (C)  effective parenting;
                     (D)  child safety;
                     (E)  the importance of reading to a child;
                     (F)  expected developmental milestones;
                     (G)  health care resources available in the state;
                     (H)  selecting appropriate child care; and
                     (I)  other resources available in the state;
               (3)  if the infant is born with an intellectual or
  developmental disability, provide the woman and the father of the
  infant, if possible, or another adult caregiver of the infant with a
  resource guide on centers for independent living as defined by
  Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
  Section 796a) and the services provided by the centers for a child
  with an intellectual or developmental disability;
               (4)  document in the woman's record that the woman
  received the resource pamphlet described in Subdivision (1) and the
  resource guide described in Subdivision (2) or (3), if applicable;
  and
               (5) [(4)]  retain the documentation for at least five
  years in the hospital's, birthing center's, physician's, nurse
  midwife's, or midwife's records.
         SECTION 3.  Subtitle E, Title 7, Health and Safety Code, is
  amended by adding Chapter 616 to read as follows:
  CHAPTER 616. INTELLECTUAL OR DEVELOPMENTAL DISABILITY CARE
  INFORMATION
         Sec. 616.001.  DEFINITION. In this section, "center for
  independent living" has the meaning assigned by Section 702 of the
  federal Rehabilitation Act of 1973 (29 U.S.C. Section 796a).
         Sec. 616.002.  PROVISION OF INFORMATION TO PERSON DIAGNOSED
  WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) A health care
  provider who diagnoses an individual with an intellectual or
  developmental disability shall provide the individual and, if
  appropriate, the individual's parent, managing conservator,
  guardian, or caregiver informational materials on centers for
  independent living described by Subsection (b).
         (b)  The Health and Human Services Commission shall develop
  informational materials regarding centers for independent living
  and post the materials on the commission's Internet website. The
  informational materials must include:
               (1)  a description of the health care and other
  services available to persons with an intellectual or developmental
  disability through a center for independent living; and
               (2)  the contact information for centers of independent
  living in this state.
         SECTION 4.  (a) Not later than December 1, 2025, the Health
  and Human Services Commission shall develop and make available the
  informational materials required by Section 29.0033, Education
  Code, as added by this Act, and Section 616.002, Health and Safety
  Code, as added by this Act.
         (b)  Notwithstanding Section 29.0033, Education Code, as
  added by this Act, or Section 616.002, Health and Safety Code, as
  added by this Act, a school district, open-enrollment charter
  school, or health care provider is not required to comply with those
  provisions until January 1, 2026.
         SECTION 5.  (a) Not later than December 1, 2025, the
  Department of State Health Services shall develop the resource
  guide on centers for independent living required to be provided
  under Section 161.501(a), Health and Safety Code, as amended by
  this Act.
         (b)  Notwithstanding the change in law made by this Act to
  Section 161.501(a), Health and Safety Code, a hospital, birthing
  center, physician, nurse midwife, or midwife who provides prenatal
  care to a pregnant woman during gestation or delivery of an infant
  is not required to provide the resource guide on centers for
  independent living until January 1, 2026.
         SECTION 6.  This Act takes effect September 1, 2025.