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HEALTH AND SAFETY CODE


TITLE 2. HEALTH


SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS


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.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

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.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

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) three members who are health care providers, as defined by Section 161.201;

(B) 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;

(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 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;

(F) one member who is a social worker;

(G) one member who is a representative of the Texas Education Agency with expertise in special education services;

(H) one member who is a psychologist licensed under Chapter 501, Occupations Code;

(I) one member who is a representative of a professional organization in this state for school nurses;

(J) 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;

(K) one member who is a representative of an advocacy and support group in this state for individuals affected by autism; and

(L) 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.

(d) An advisory council member appointed under Subsection (a)(2) or (3) may designate another individual to serve in the member's place on the advisory council at the pleasure of the member. An advisory council member who designates another individual to serve in the member's place under this subsection shall provide written notification to the chair of the advisory council.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 746 (H.B. 3808), Sec. 1, eff. September 1, 2023.

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.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

Sec. 119A.005. CHAIR AND VICE CHAIR. Members of the advisory council shall elect from among its members by a majority vote a chair and vice chair.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 746 (H.B. 3808), Sec. 2, eff. September 1, 2023.

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.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

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.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

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.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

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, 2033.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.01, eff. June 18, 2023.

Sec. 119A.010. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the advisory council.

Added by Acts 2019, 86th Leg., R.S., Ch. 847 (H.B. 2783), Sec. 1, eff. September 1, 2019.