HBA-NMO H.B. 908 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 908 By: Coleman Human Services 3/18/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The Special Senses and Communication Disorders Act, Chapter 36, Health and Safety Code, requires each day-care center and group day-care home (day-care facility) to screen each child for vision and hearing disorders no later than 120 days after admission of the child, to maintain screening records for each child in attendance, and to provide the Texas Department of Health (TDH) with an annual report listing the children in attendance and dates of screening for vision and hearing. However, according to TDH, in 1996-1997 only 2,186 of the 6,237 day-care centers and group day-care homes operating in Texas complied with the reporting requirement. C.S.H.B. 908 requires the Texas Department of Protective and Regulatory Services (DPRS) to adopt rules that ensure that children receiving care from a day-care facility are screened for vision, hearing, and any other special senses or communication disorders in compliance with the Special Senses and Communications Disorders Act. This bill further requires each day-care facility to maintain screening records and authorizes DPRS to inspect those records. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Protective and Regulatory Services in SECTION 1 (Section 42.0431, Human Resources Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 42, Human Resources Code, by adding Section 42.0431, as follows: Sec. 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS. Requires the Texas Department of Protective and Regulatory Services (DPRS), after consultation with the Texas Department of Health (TDH), to adopt rules necessary to ensure that children receiving care at a day-care center or group day-care home (day care facility) licensed under this chapter (Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services) are screened for vision, hearing, and any other special senses or communication disorders in compliance with rules adopted by the Texas Board of Health under Section 36.004 (Screening Program for Special Senses and Communication Disorders), Health and Safety Code. Requires each day-care facility to maintain individual screening records for children attending the facility who are required to be screened. Authorizes DPRS to inspect the records at any reasonable time. Provides that this section does not apply to a day-care facility operating under a certificate issued by DPRS under Subchapter E (Accreditation of Child-Care Facilities and Child-Placing Agencies) of this chapter. SECTION 2. Requires DPRS to adopt the rules required by Section 42.0431, Human Resources Code, as soon as possible after the effective date of this Act. SECTION 3. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original, as follows: SECTION 1. Changes the title of proposed Section 42.0431 from "RULES FOR VISION AND HEARING SCREENING" to "ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS." Provides that the Department of Protective and Regulatory Services (DPRS) must consult with the Texas Department of Health (TDH) before adopting rules. Requires DPRS to adopt rules that ensure that certain children are screened, rather than requiring DPRS to specifically require that each day-care center and group day-care home (day-care facility), as a condition of continued licensure, ensure that children are screened. Adds any other special senses or communication disorders to those of vision and hearing which are required to be screened. Requires DPRS to adopt rules that comply with those adopted by the Texas Board of Health under Section 36.004, Health and Safety Code (Screening Program for Special Senses and Communication Disorders), rather than providing what the rules must do. Authorizes DPRS to inspect screening records maintained by daycare providers, rather than requiring that day-care providers report screening results to the TDH. SECTION 2. Deletes provision authorizing the rules to provide different dates by which different classes of day-care providers are required to begin screening for vision and hearing disorders.