1-1 AN ACT
1-2 relating to establishing an acanthosis nigricans screening pilot
1-3 program in public and private schools in certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Acanthosis nigricans" means a light brown or
1-7 black velvety, rough, or thickened area on the surface of the skin
1-8 that may signal high insulin levels indicative of insulin
1-9 resistance.
1-10 (2) "Executive council" means the executive council of
1-11 the Texas-Mexico Border Health Coordination Office of The
1-12 University of Texas System.
1-13 (3) "Office" means the Texas-Mexico Border Health
1-14 Coordination Office of The University of Texas System.
1-15 (4) "Professional examination" means a diagnostic
1-16 evaluation performed by an appropriately licensed professional.
1-17 (5) "School" means an educational institution that
1-18 admits children who are five years of age or older but younger than
1-19 21 years of age.
1-20 (6) "Screening test" means a rapid analytical
1-21 procedure to determine the need for further diagnostic evaluation.
1-22 The term does not include the removal or partial removal of
1-23 clothing.
1-24 SECTION 2. PILOT PROGRAM ESTABLISHED. Not later than the
2-1 1999-2000 school year, the Texas-Mexico Border Health Coordination
2-2 Office of The University of Texas System shall establish an
2-3 acanthosis screening pilot program in accordance with this Act.
2-4 The pilot program applies only in El Paso, Hudspeth, Cameron,
2-5 Hidalgo, Jim Hogg, Starr, Webb, Willacy, and Zapata counties.
2-6 SECTION 3. ACANTHOSIS NIGRICANS SCREENING PILOT PROGRAM.
2-7 (a) The executive council by rule shall require screening of
2-8 individuals who attend public or private schools to detect
2-9 acanthosis nigricans. In developing the rules, the executive
2-10 council may consider the number of individuals to be screened and
2-11 the availability of personnel qualified to administer the required
2-12 screening.
2-13 (b) The rules must include procedures necessary to
2-14 administer screening activities.
2-15 (c) The office shall require acanthosis nigricans screening
2-16 to be performed at the same time hearing and vision screening is
2-17 performed under Chapter 36, Health and Safety Code.
2-18 (d) The office may coordinate the acanthosis nigricans
2-19 screening activities of school districts, private schools, state
2-20 agencies, volunteer organizations, and other entities so that the
2-21 efforts of each entity are complementary and not fragmented and
2-22 duplicative. The office may provide technical assistance to those
2-23 entities in developing screening programs and may provide
2-24 educational and other material to assist local screening
2-25 activities.
2-26 (e) The office shall monitor the quality of screening
2-27 activities provided under this Act.
3-1 SECTION 4. COMPLIANCE WITH SCREENING REQUIREMENTS. (a)
3-2 Each individual required by rules adopted under this Act to be
3-3 screened shall undergo approved screening for acanthosis nigricans.
3-4 The individual shall comply with the requirements as soon as
3-5 possible after the individual's admission to a school and as
3-6 required by rule. The individual or, if the individual is a minor,
3-7 the minor's parent, managing conservator, or guardian may
3-8 substitute a professional examination for the screening.
3-9 (b) An individual is exempt from screening if screening
3-10 conflicts with the tenets and practices of a recognized church or
3-11 religious denomination of which the individual is an adherent or a
3-12 member. To qualify for the exemption, the individual or, if the
3-13 individual is a minor, the individual's parent, managing
3-14 conservator, or guardian must submit to the chief administrator of
3-15 the school on or before the day of the screening procedure an
3-16 affidavit stating the objections to the screening.
3-17 (c) The chief administrator of each school shall ensure that
3-18 each individual admitted to the school complies with the screening
3-19 requirements set by the executive council or submits an affidavit
3-20 of exemption.
3-21 SECTION 5. RECORDS; REPORTS. (a) The chief administrator
3-22 of each school shall maintain, on a form prescribed by the
3-23 executive council, screening records for each individual in
3-24 attendance, and the records are open for inspection by the office
3-25 or the local health department.
3-26 (b) The office may, directly or through local health
3-27 departments, enter a school and inspect records maintained by the
4-1 school relating to screening for acanthosis nigricans.
4-2 (c) An individual's screening records may be transferred
4-3 among schools without the consent of the individual or, if the
4-4 individual is a minor, the minor's parent, managing conservator, or
4-5 guardian.
4-6 (d) The person performing the screening shall send a report
4-7 indicating that an individual may have acanthosis nigricans to the
4-8 individual or, if the individual is a minor, the minor's parent,
4-9 managing conservator, or guardian. The report must include:
4-10 (1) an explanation of acanthosis nigricans and related
4-11 conditions;
4-12 (2) a statement concerning an individual's or family's
4-13 access to financial or medical assistance for evaluation and
4-14 treatment of conditions related to acanthosis nigricans; and
4-15 (3) instructions to help the individual or family
4-16 receive evaluation and treatment.
4-17 (e) Each school shall submit to the office an annual report
4-18 on the screening status of the individuals in attendance during the
4-19 reporting year and shall include in the report any other
4-20 information required by the office. The report must be on a form
4-21 prescribed by the executive council and must be submitted according
4-22 to the executive council's rules.
4-23 SECTION 6. REPORTS. Not later than January 1, 2001, the
4-24 Texas-Mexico Border Health Coordination Office of The University of
4-25 Texas System shall submit to the governor and the legislature a
4-26 report concerning the effectiveness of the pilot program
4-27 established under this Act.
5-1 SECTION 7. EXPIRATION DATE. This Act expires September 1,
5-2 2001.
5-3 SECTION 8. This Act takes effect only if a specific
5-4 appropriation for the implementation of this Act is provided in
5-5 H.B. No. 1 (General Appropriations Act), Acts of the 76th
5-6 Legislature, Regular Session, 1999. If no specific appropriation
5-7 is provided in H.B. No. 1, the General Appropriations Act, this Act
5-8 has no effect.
5-9 SECTION 9. EMERGENCY. The importance of this legislation
5-10 and the crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1860 was passed by the House on May
6, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1860 on May 21, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1860 was passed by the Senate, with
amendments, on May 19, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor