633.220. Definitions--programs for persons with autism to be established--state to be divided into regions, regional projects, purchase of services--regional councils--advisory committee, duties--rule
Definitions--programs for persons with autism to be established--stateto be divided into regions, regional projects, purchase ofservices--regional councils--advisory committee,duties--rulemaking authority.
633.220. 1. For purposes of this section, the following terms shallmean:
(1) "Autism", a lifelong developmental disability that typicallyappears during the first three years of life resulting from a neurologicaldisorder that affects brain functioning which interferes withcommunication, learning, behavior, and social development;
(2) "Division", the division of developmental disabilities;
(3) "Family support", services and helping relationships for thepurpose of maintaining and enhancing family caregiving. Family support maybe any combination of services that enable individuals with autism toreside within their family homes and remain integrated within theircommunities. Family support services shall be:
(a) Based on individual and family needs;
(b) Identified by the family;
(c) Easily accessible to the family;
(d) Family-centered and culturally sensitive;
(e) Flexible and varied to meet the changing needs of the familymembers; and
(f) Provided in a timely manner contingent upon the availability ofresources;
(4) "Service provider", a person or entity which provides andreceives reimbursement for autism programs and services as specified inthis section.
2. The division of developmental disabilities shall establishprograms and services for persons with autism. These programs and servicesshall be established in conjunction with persons with autism and withfamilies of persons with autism. The division shall establish suchprograms and services in conjunction with the regional parent advisorycouncils and with the Missouri parent advisory committee on autism. Theprograms and services shall be designed to enhance persons with autismspectrum disorders and families' abilities to meet needs they identify andshall:
(1) Develop skills for persons with autism through supports,services, and teaching;
(2) Teach families to provide behavioral supports to members withautism; and
(3) Provide needed family support.
3. The division director, with input from the Missouri parentadvisory council on autism, shall divide the state into at least fiveregions and establish autism programs and services which are responsive tothe needs of persons with autism and families consistent with contemporaryand emerging best practices. The boundaries of such regions, to the extentpracticable, shall be contiguous with relevant boundaries of politicalsubdivisions and health service areas.
4. The regional projects may provide or purchase, but shall not belimited to the following services in addition to other contemporary andemerging based practices:
(1) Assessment;
(2) Advocacy training;
(3) Behavior management training and supports;
(4) Communication and language therapy;
(5) Consultation on individualized education and habilitation plans;
(6) Crisis intervention;
(7) Information and referral assistance;
(8) Life skills;
(9) Music therapy;
(10) Occupational therapy, sensory integration therapy, andconsultation;
(11) Parent or caregiver training;
(12) Public education and information dissemination;
(13) Respite care; and
(14) Staff training.
5. Each regional project shall have a regional parent advisorycouncil composed of persons with autism and persons that have familymembers with autism, including family members that are young children,school-age children, and adults, and who have met the division'seligibility requirements to be a client as defined under section 630.005,RSMo. Members of a regional parent advisory council shall be Missouriresidents. No member shall be a service provider, a member of a serviceprovider's board of directors, or an employee of a service provider or thedivision.
6. The responsibilities of each regional parent advisory councilshall include, but not be limited to, the following:
(1) Advocacy;
(2) Contract monitoring;
(3) Review of annual audits of projects by the department of mentalhealth;
(4) Recommendation of services to be provided based on input fromfamilies;
(5) Recommendation of policy, budget, and service priorities;
(6) Monthly review of service delivery;
(7) Planning;
(8) Public education and awareness;
(9) Recommendation of service providers to the division foradministration of the project; and
(10) Recommendation of contract cancellation.
7. The division shall establish the Missouri parent advisorycommittee on autism. The committee shall be appointed by the divisiondirector. A chair of the committee shall be selected by members of thecommittee. It shall be composed of:
(1) Two representatives and one alternate from each of the regionalparent advisory committees established in subsection 3 of this section;
(2) One person with autism and his or her alternate.
8. The division director shall make every effort to appoint membersnominated by the regional parent advisory councils. The membership shouldrepresent the cultural diversity of the state and represent persons withautism of all ages and capabilities.
9. The responsibilities of the Missouri parent advisory committee onautism shall include, but not be limited to, the following:
(1) Serve as a liaison with the regional parent advisory councils andprovide current information to them and the persons and families theyserve;
(2) Determine project outcomes for autism services;
(3) Plan and sponsor statewide activities;
(4) Recommend service providers to the division director in the eventa regional parent advisory committee and the district administrator cannotreach consensus; and
(5) Provide an annual report to the Missouri commission on autismspectrum disorders, the governor, the director of the department of mentalhealth, and director of the division of developmental disabilities.
10. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.
(L. 2009 H.B. 525 merged with S.B. 157)