Chapter 201

2009 -- H 5266 SUBSTITUTE A

Enacted 11/09/09

 

A N A C T

RELATING TO HEALTH AND SAFETY - THE RHODE ISLAND AUTISM SPECTRUM DISORDER EVALUATION AND TREATMENT ACT

 

     Introduced By: Representatives Palumbo, Corvese, Naughton, DeSimone, and D Caprio

     Date Introduced: February 03, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 23-79 of the General Laws entitled "The Rhode Island Autism

Spectrum Disorder Evaluation and Treatment Act" is hereby repealed in its entirety.

 

CHAPTER 23-79

The Rhode Island Autism Spectrum Disorder Evaluation and Treatment Act

 

     23-79-1. Short title. -- This chapter shall be known and may be cited as "The Rhode

Island Autism Spectrum Disorder Evaluation and Treatment Act."

 

     23-79-2. Legislative purpose and policy. -- Autism Spectrum Disorders ("ASD") is a

neurological disorder that affects one in one hundred fifty-seven (157) children within the state of

Rhode Island as of the enactment of this law. In 1992, this disorder affected one in ten thousand

(10,000) children nationally. Modern scientific and neurological studies have not identified any

one factor contributing to the increase in diagnosis. Early diagnosis and therapeutic strategies

greatly assists in the assistance to children with autism. The Rhode Island general assembly

declares "ASD" to be a matter of public health and urgency to assist children and adults affected

with this disorder and hereby creates the "Rhode Island Autism Spectrum Disorder Evaluation

and Treatment Act."

 

     23-79-3. Legislative findings. -- It is hereby found and declared as follows:

      (a) Autism is a significant neurological disorder that is a threat to the development of

children. Autism Spectrum Disorder ("ASD") has rapidly increased in diagnosis over the past

decade.

      (b) The incidence of autism spectrum disorder continues to increase at a dramatic rate. In

1992, one in ten thousand (10,000) children were diagnosed with "ASD". By 2003, one in one

hundred fifty-seven (157) children was diagnosed with this disorder.

      (c) "ASD" exacts an enormous economic toll on society, including the public school

system and family finances.

      (d) Medical and psychological experts still do not know the causes of "ASD", prevention

of "ASD" or unified strategies dealing with children and adults afflicted with such disorder.

      (e) The State of Rhode Island must take the lead in combating the increasingly rapid

problems associated with "ASD" and the current treatments and strategies.

      (f) It is the intent of the legislature in enacting this chapter to reinforce screening for

children who are uninsured and/or underinsured through the Rhode Island department of health

with assistance from experts, service providers and parents.

      (g) It is the further intent of the general assembly, subject to appropriation and/or the

receipt of other resources designated for these purposes, to authorize the Rhode Island department

of health to provide appropriate testing and screening models to determine a proper diagnosis of

"ASD" and to create a case management system to properly catalogue such diagnosis.

      (h) In addition, subject to appropriation and/or the receipt of other resources designated

for these purposes, this chapter shall authorize programs of outreach, education, increased

awareness and cultural competence to the statewide community.

 

     SECTION 2. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

 

CHAPTER 24.1

THE RHODE ISLAND AUTISM SPECTRUM DISORDER EDUCATION ACT

 

     16-24.1-1. Short title. This chapter shall be known and may be cited as “The Rhode

Island Autism Spectrum Disorder Education Act.”

 

     16-24.1-2. Legislative findings. It is hereby found and declared as follows:

     (a) Autism is a neurobiological, developmental disorder that is defined by behavioral and

development features.

     (b) Autism is best characterized as a spectrum of disorders that vary in severity of

symptoms, age of onset and association with other disorders (e.g. mental retardation, specific

language delay, epilepsy) and are unique in their pattern of deficits and areas of relative strengths.

They generally have lifelong effects on how children learn to be social beings, to care for

themselves, and to participate in the community.

     (c) The incidence of autism has dramatically increased. In 1992, one in ten thousand

(10,000) children were diagnosed with “ASD”, yet currently one in one hundred fifty (150)

children have this disorder.

     (d) Children and youth with Autism Spectrum Disorders (ASD) offer unique challenges

to families, teachers and others who work with them, particularly with nonverbal and verbal

communication and behavior problems.

     (e) Medical and psychological experts still do not know the causes of “ASD”, prevention

of “ASD” or unified strategies dealing with children and adults afflicted with such disorder.

     (f) Education, both directly of children and youth, and of parents and teachers, is

currently the primary form of treatment for Autism Spectrum Disorders (ASD).

     (g) The education of children and youth with ASD is accepted as a public responsibility.

However, goals, methods and resources available vary greatly from school system to school

system, school to school, and class to class.

     (h) Education is defined as the fostering of the acquisition of skills or knowledge—

including not only academic learning, but also socialization, adaptive skills, language and

communication, and reduction of behavior problems to assist the child to develop independence

and social responsibility.

     (i) “ASD” exacts an enormous economic toll on society, including the public school

system and family finances.

     (j) The Autism Society of America estimates that the lifetime cost of caring for a child

with autism ranges from three million five hundred thousand dollars ($3,500,000) to five million

dollars ($5,000,000), and that the United States is facing almost ninety billion dollars

($90,000,000,000) annually in costs for autism.

 

     16-24.1-3. Legislative purpose and policy. It shall be the goal and purpose of this act

to promote the early diagnosis of ASD and therapeutic strategies for treatment and assistance to

individuals with autism. The state of Rhode Island must take the lead in combating the

increasingly rapid problems associated with “ASD” and the current treatments and strategies. It is

the intent of the legislature in enacting this chapter to reinforce screening for children who are

uninsured and/or underinsured through the Rhode Island department of health with assistance

from experts, service providers and parents. It is the further intent of the general assembly,

subject to appropriation and/or the receipt of other resources designated for these purposes, to

authorize the Rhode Island department of health to provide appropriate testing and screening

models to determine a proper diagnosis of “ASD” and to create a case management system to

properly catalogue such diagnosis. In addition, subject to appropriation and/or the receipt of other

resources designated for these purposes, this chapter shall authorize programs of outreach,

education, increased awareness and cultural competence to the statewide community.

 

     16-24.1-4. Implementation. To implement the state’s autism public policies, the

following steps should be taken:

     (1) The department of health shall develop a coordinated plan for collecting prevalence

data and reporting it;

     (2) The department of human services shall continue to raise public awareness especially

among families regarding the need for early intervention and how to access it;

     (3) The department of human services shall continue its current practice, to raise

awareness of early intervention providers and families for earlier assessment and intervention;

     (4) The department of human services will increase the capacity and improve consistency

of early intervention programs and providers;

     (5) The department of education shall develop a “Needs Assessment Document” to

perform a random sampling in the public schools to differentiate between what student needs are

being met and what needs are not being met. This information will be used to identify how needs

are currently being met and how that information can be used to develop a way to meet the unmet

needs; identify ways the existing system could be modified to support the unmet needs;

     (6) The department of education in conjunction with Rhode Island College shall produce

a series of instructional modules that could be embedded into existing pre-service courses in

multi-disciplines; and

     (7) The department of education in conjunction with Rhode Island College shall develop

a continuing education certificate in autism spectrum disorders at Rhode Island College (to be

offered jointly with Salve Regina University and the University of Rhode Island).

 

     SECTION 3. This act shall take effect upon passage.

     

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LC00650/SUB A

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