BILL NUMBER: AB 1231	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 22, 2013

   An act  to add and repeal Section 4686.21 of the Welfare and
Institutions Code,   relating to  autism.  
regional center services. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1231, as amended, V. Manuel Pérez.  Autism services:
demonstration program.   Regional centers: telehealth
and teledentistry.  
   The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide services and support to individuals with
developmental disabilities, including autism.  
   This bill would, until January 1, 2019, require the department to
inform all regional centers that behavioral health treatment to treat
pervasive developmental disorder or autism may be provided through
the use of telehealth, as defined, and that dentistry may be provided
through the use of teledentistry, as defined. The bill would require
the department to provide technical assistance to regional centers
on the use of telehealth and teledentistry and to request those
centers to include a consideration of telehealth and teledentistry in
individual program plans and individualized family services plans,
as specified.  
   The bill would require providers of telehealth and teledentistry
services to maintain the privacy and security of all confidential
consumer information. The bill would provide that a consumer may
receive behavioral health treatment and dentistry services through
the use of telehealth or teledentistry on a provisional basis not to
exceed 12 months, as specified, that the provision of a service
through the use of telehealth and teledentistry shall be voluntary
and may be discontinued at the request of the consumer, and that the
consumer may return to his or her preexisting services, as specified.
The bill would require the department, on or before December 1,
2017, to forward to the fiscal and appropriate policy committees of
the Legislature information provided by the regional centers to
assess the effectiveness and appropriateness of providing telehealth
and teledentistry services to regional center consumers, as
specified.  
   The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide services and support to individuals with
developmental disabilities, including autism.  
   This bill would declare the intent of the Legislature to enact
legislation that would promote the use of technology and telehealth
for the delivery of regional center services for individuals with
autism spectrum disorders. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature finds and declares
all of the following:  
   (1) Autism spectrum disorders (ASD) now affect one in every 88
children of all ethnic, racial, and socioeconomic backgrounds. 

   (2) ASD is now the fastest growing developmental disability in
California and the nation and is more common than childhood cancer,
juvenile diabetes, and pediatric AIDS combined.  
   (3) Approximately two-thirds of all new consumers who are entering
the regional center system are now diagnosed with ASD.  
   (4) Behavioral health treatment (BHT), also known as early
intervention therapy or applied behavior analysis, is established to
improve brain function, cognitive abilities, and activities of daily
living for a significant number of individuals with ASD, but may not
be accessible or available in underserved communities.  
   (5) A significant number of individuals with ASD suffer from
inadequate dental care.  
   (b) It is the intent of the Legislature to do all of the
following:  
   (1) Improve access to treatments and intervention services for
individuals with ASD or other developmental disabilities and their
families in underserved populations.  
   (2) Provide more cost-effective treatments and intervention
services for individuals with ASD or other developmental disabilities
and their families.  
   (3) Maximize the effectiveness of the interpersonal and
face-to-face interactions that are utilized for the treatment of
individuals with ASD or other developmental disabilities.  
   (4) Continue maintenance and support of the existing service
workforce for individuals with ASD or other developmental
disabilities.  
   (5) Utilize telehealth and teledentistry to improve services for
individuals with ASD and other developmental disabilities. 
   SEC. 2.    Section 4686.21 is added to the  
Welfare and Institutions Code   , to read:  
   4686.21.  (a) The department shall do all of the following:
   (1) Inform all regional centers that behavioral health treatment
may be provided through the use of telehealth.
   (2) Inform all regional centers that dentistry may be provided
through the use of teledentistry.
   (3) Request regional centers to include a consideration of
telehealth and teledentistry in each individual program plan (IPP)
and individualized family service plan (IFSP) that includes a
discussion of behavioral health treatment or dental health care.
   (4) Provide, using existing resources, and in partnership with
other organizations, resources, and stakeholders, technical
assistance to regional centers regarding the use of telehealth and
teledentistry.
   (b) The use of telehealth and teledentistry services shall be
considered for inclusion in training programs for parents, including,
but not limited to, group training programs as described in clause
(i) of subparagraph (B) of paragraph (3) of subdivision (c) of
Section 4685.
   (c) The department may implement appropriate vendorization
subcodes for telehealth and teledentistry services and programs.
   (d) Providers of telehealth and teledentistry services shall
maintain the privacy and security of all confidential consumer
information.
   (e) A consumer may receive behavioral health treatment and
dentistry services through the use of telehealth or teledentistry on
a provisional basis with the consent of the consumer or, as
appropriate, the consumer's parent, legal guardian, or conservator,
as set forth in the consumer's IPP or IFSP. The provisional period
for receiving services through the use of telehealth or teledentistry
shall not exceed 12 months. During the provisional period, any
consumer who receives services through the use of telehealth or
teledentistry may return to his or her preexisting services, as
defined by the consumer's IPP or IFSP, that were in place prior to
the commencement of the telehealth or teledentistry services, subject
to subdivision (f).
   (f) The provision of a service through the use of telehealth and
teledentistry shall be voluntary and may be discontinued at the
request of the consumer or, as appropriate, the consumer's parent,
legal guardian, or conservator. If, at any time, a consumer or, as
appropriate, the consumer's parent, legal guardian, or conservator
requests to discontinue the provision of a service through the use of
telehealth or teledentistry, the regional center shall convene a
review to determine alternative, appropriate means for providing the
service.
   (g) On or before December 1, 2017, the department shall forward to
the fiscal and appropriate policy committees of the Legislature any
information provided by the regional centers to the department to
assess the effectiveness and appropriateness of providing telehealth
and teledentistry services to regional center consumers through the
IPP and IFSP process.
   (h) A provider of telehealth or teledentistry services shall be
responsible for all expenses and costs related to the equipment,
transmission, storage, infrastructure, and other expenses related to
telehealth and teledentistry.
   (i) For purposes of this section, the following definitions shall
apply:
   (1) "Behavioral health treatment" has the same meaning as set
forth in paragraph (1) of subdivision (c) of Section 1374.73 of the
Health and Safety Code.
   (2) "Department" means the State Department of Developmental
Services.
   (3) "Teledentistry" is the use of information technology and
telecommunications for dental care, consultation, education, and
public awareness in the same manner as described in paragraph (6) of
subdivision (a) of Section 2290.5 of the Business and Professions
Code.
   (4) "Telehealth" has the same meaning as set forth in paragraph
(6) of subdivision (a) of Section 2290.5 of the Business and
Professions Code.
   (j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would promote the use of technology and
telehealth for the delivery of regional center services for
individuals with autism spectrum disorders.