By Delisi H.B. No. 1311
76R5303 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Council on Cardiovascular Disease
1-3 and Stroke to develop a program to prevent cardiovascular disease
1-4 and stroke.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
1-7 amended by adding Chapter 93 to read as follows:
1-8 CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 93.001. DEFINITIONS. In this chapter:
1-11 (1) "Cardiovascular disease" means the group of
1-12 diseases that target the heart and blood vessels and that are the
1-13 result of complex interactions between multiple inherited traits
1-14 and environmental factors.
1-15 (2) "Council" means the Council on Cardiovascular
1-16 Disease and Stroke.
1-17 Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a)
1-18 The Council on Cardiovascular Disease and Stroke is composed of 12
1-19 members appointed by the board.
1-20 (b) Members of the council serve staggered six-year terms
1-21 with the terms of one-third of the members expiring February 1 of
1-22 each odd-numbered year.
1-23 Sec. 93.003. COMPENSATION; REIMBURSEMENT. (a) A member of
1-24 the council may not receive compensation for service on the council
2-1 and, except as provided by Subsection (b), may not be reimbursed
2-2 for travel expenses incurred while conducting the business of the
2-3 council.
2-4 (b) The commissioner may authorize reimbursement of the
2-5 travel expenses incurred by a member while conducting the business
2-6 of the council, as provided in the General Appropriations Act, if
2-7 the commissioner finds on application of the member that travel for
2-8 council business imposes a financial hardship on the member.
2-9 Sec. 93.004. DUTIES OF DEPARTMENT; FUNDS. The department
2-10 shall accept funds appropriated for the purposes of this chapter
2-11 and shall allocate those funds. The council shall make
2-12 recommendations to the department concerning the allocation of
2-13 funds.
2-14 Sec. 93.005. CONSULTANTS; ADVISORY COMMITTEE. To advise and
2-15 assist the council with respect to the council's duties under this
2-16 chapter, the council may appoint one or more:
2-17 (1) consultants to the council; or
2-18 (2) advisory committees under Chapter 2110, Government
2-19 Code.
2-20 Sec. 93.006. REPORT TO BOARD AND LEGISLATURE. (a) Not
2-21 later than January 15 of each year, the council shall report to the
2-22 board on the activities of the council in the preceding calendar
2-23 year.
2-24 (b) Not later than January 15 of each odd-numbered year, the
2-25 council shall report to the lieutenant governor and the speaker of
2-26 the house of representatives on the activities of the council in
2-27 the preceding two calendar years.
3-1 (Sections 93.007-93.050 reserved for expansion
3-2 SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
3-3 Sec. 93.051. CARDIOVASCULAR DISEASE AND STROKE PREVENTION
3-4 PLAN; DUTIES OF COUNCIL. The council shall develop an effective
3-5 and resource-efficient plan to reduce the morbidity, mortality, and
3-6 economic burden of cardiovascular disease and stroke in this state.
3-7 The council shall:
3-8 (1) conduct health education, public awareness, and
3-9 community outreach activities that relate to cardiovascular disease
3-10 and stroke;
3-11 (2) promote, enhance, and coordinate health
3-12 education, public awareness, and community outreach activities that
3-13 relate to cardiovascular disease and stroke and that are provided
3-14 by private and other public organizations;
3-15 (3) coordinate activities with other entities that are
3-16 concerned with medical conditions that are similar to
3-17 cardiovascular disease and stroke or that have similar risk
3-18 factors;
3-19 (4) identify to health care providers, employers,
3-20 schools, community health centers, and other groups the benefits of
3-21 encouraging treatment, prevention, and public awareness of
3-22 cardiovascular disease and stroke and recognize innovative and
3-23 effective programs that achieve the objectives of improved
3-24 treatment, prevention, and public awareness;
3-25 (5) provide guidance regarding the roles and
3-26 responsibilities of government agencies, health care providers,
3-27 employers, third-party payers, patients, and families of patients
4-1 in the treatment, prevention, and public awareness of
4-2 cardiovascular disease and stroke;
4-3 (6) improve access to treatment for and prevention of
4-4 cardiovascular disease and stroke through public awareness
4-5 programs, including access for uninsured individuals and
4-6 individuals living in rural or underserved areas;
4-7 (7) assist communities to develop comprehensive local
4-8 cardiovascular disease and stroke prevention programs;
4-9 (8) assist the Texas Education Agency and local school
4-10 districts to promote a public school curriculum that includes
4-11 physical, nutritional, and health education relating to
4-12 cardiovascular disease and stroke prevention; and
4-13 (9) evaluate and enhance the implementation and
4-14 effectiveness of the program developed under this chapter.
4-15 Sec. 93.052. DATABASE OF CLINICAL RESOURCES. The council
4-16 shall review available clinical resources and shall develop a
4-17 database of recommendations for appropriate care and treatment of
4-18 patients with cardiovascular disease or who have suffered from or
4-19 are at risk for stroke. The council shall make the database
4-20 accessible to the public.
4-21 Sec. 93.053. CARDIOVASCULAR DISEASE AND STROKE DATABASE.
4-22 (a) The council shall collect and analyze information related to
4-23 cardiovascular disease and stroke at the state and regional level,
4-24 and, to the extent feasible, at the local level. The council shall
4-25 maintain a database of this information.
4-26 (b) The database may include:
4-27 (1) information related to behavioral risk factors
5-1 identified for cardiovascular disease and stroke;
5-2 (2) morbidity and mortality rates for cardiovascular
5-3 disease and stroke; and
5-4 (3) community indicators relevant to cardiovascular
5-5 disease and stroke.
5-6 (c) In compiling the database, the council may use
5-7 information available from other sources, such as the Behavioral
5-8 Risk Factor Surveillance System established by The Centers for
5-9 Disease Control and Prevention, reports of hospital discharge data,
5-10 and information included in death certificates.
5-11 (d) As necessary to accomplish the purposes of this chapter,
5-12 the council may identify additional information to be included in
5-13 the database. To the extent that information is available, the
5-14 council may collect the information and include the information in
5-15 the database.
5-16 Sec. 93.054. INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
5-17 CONFIDENTIALITY. (a) To perform its duties under this chapter,
5-18 the council may request and receive information in the possession
5-19 of any state agency. In addition to the restriction imposed by
5-20 Subsection (b), information provided to the council under this
5-21 subsection is subject to any restriction on disclosure or use of
5-22 the information that is imposed by law on the agency from which the
5-23 council obtained the information.
5-24 (b) Information in the possession of the council that
5-25 identifies a patient or that is otherwise confidential under law is
5-26 confidential, is excepted from required public disclosure under
5-27 Chapter 552, Government Code, and may not be disclosed for any
6-1 purpose.
6-2 SECTION 2. In appointing the initial members of the Council
6-3 on Cardiovascular Disease and Stroke, the commissioner of public
6-4 health shall appoint four persons to terms expiring February 1,
6-5 2001; four to terms expiring February 1, 2003; and four to terms
6-6 expiring February 1, 2005.
6-7 SECTION 3. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force from and after its
6-13 passage, and it is so enacted.