By: Madla S.B. No. 982
A BILL TO BE ENTITLED
AN ACT
1-1 relating to persons authorized to provide diabetes self-management
1-2 training.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4, Article 21.53G, Insurance Code, is
1-5 amended to read as follows:
1-6 Sec. 4. Diabetes Self-Management Training. (a) Diabetes
1-7 self-management training under this article must be provided by a
1-8 health care practitioner or provider who is licensed, registered,
1-9 or certified in this state to provide appropriate health care
1-10 services, acting within the scope of practice authorized by the
1-11 license, registration, or certification of the practitioner or
1-12 provider. Self-management training includes:
1-13 (1) training provided to a qualified insured after the
1-14 initial diagnosis of diabetes in the care and management of that
1-15 condition, including nutritional counseling and proper use of
1-16 diabetes equipment and supplies;
1-17 (2) additional training authorized on the diagnosis of
1-18 a physician or other health care practitioner of a significant
1-19 change in the qualified insured's symptoms or condition that
1-20 requires changes in the qualified insured's self-management regime;
1-21 and
1-22 (3) periodic or episodic continuing education training
1-23 when prescribed by an appropriate health care practitioner as
1-24 warranted by the development of new techniques and treatments for
2-1 diabetes.
2-2 (b) A health benefit plan shall provide diabetes
2-3 self-management training or coverage for diabetes self-management
2-4 training for which a physician or practitioner has written an order
2-5 to each insured or the caretaker of the insured from:
2-6 (1) a diabetes self-management training program
2-7 recognized by the American Diabetes Association;
2-8 (2) a multidisciplinary team, coordinated by a
2-9 Certified Diabetes Educator who is certified by the National
2-10 Certification Board for Diabetes Educators or a person who has
2-11 completed at least 24 hours of approved continuing education that
2-12 includes a combination of diabetes education, educational
2-13 principles, and behavioral strategies, consisting of at least a
2-14 dietitian and a nurse educator who collaborate routinely and which
2-15 may include a pharmacist and a social worker, and each member of
2-16 which, other than a social worker, must have recent didactic and
2-17 experiential preparation in diabetes clinical and educational
2-18 issues;
2-19 (3) a Certified Diabetes Educator who is certified by
2-20 the National Certification Board for Diabetes Educators;
2-21 (4) a licensed health care practitioner, including a
2-22 physician, a physician assistant, a registered nurse, a licensed
2-23 dietitian, or a pharmacist, who has been determined by the
2-24 practitioner's licensing board to have recent didactic and
2-25 experiential preparation in diabetes clinical and educational
2-26 issues; or
3-1 (5) the following licensed health care practitioners
3-2 or providers, who may provide a component or components of a
3-3 diabetes self-management training program:
3-4 (A) a licensed dietitian, who may provide any
3-5 nutritional counseling component;
3-6 (B) a pharmacist, who may provide any
3-7 pharmaceutical component; or
3-8 (C) a physician, a physician assistant, a
3-9 registered nurse, or an advanced practice nurse, who may provide
3-10 any other component of the training.
3-11 (c) In this section, the term "nutritional counseling" has
3-12 the meaning assigned the term "nutrition counseling" in Section
3-13 2(12), Licensed Dietitian Act (Article 4512h, Vernon's Texas Civil
3-14 Statutes).
3-15 (d) In consultation with the Texas Diabetes Council, the
3-16 appropriate licensing board of practitioners or providers
3-17 authorized to provide diabetes self-management training in
3-18 accordance with this section shall by rule determine the recent
3-19 didactic and experiential preparation in diabetes clinical and
3-20 educational issues required by this section to qualify licensees of
3-21 the board to provide the training and shall by rule determine and
3-22 define the component or components of diabetes self-management
3-23 training authorized by Subsections (b)(5)(B) and (C) of this
3-24 section.
3-25 SECTION 2. This Act takes effect September 1, 1999, and
3-26 applies only to a health benefit plan that is delivered, issued for
4-1 delivery, or renewed on or after January 1, 2000. A health benefit
4-2 plan that is delivered, issued for delivery, or renewed before
4-3 January 1, 2000, is governed by the law as it existed immediately
4-4 before the effective date of this Act, and that law is continued in
4-5 effect for that purpose.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.