76R15291 DB-D                          
         By Madla                                               S.B. No. 982
         Substitute the following for S.B. No. 982:
         By Olivo                                           C.S.S.B. No. 982
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to persons authorized to provide diabetes self-management
 1-3     training.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  It is the intent of the legislature that the
 1-6     health care providers authorized by this Act to provide diabetes
 1-7     self-management training or a component of diabetes self-management
 1-8     training be skilled and experienced professionals with education in
 1-9     diabetes, educational principles, and behavior strategies necessary
1-10     to meet the needs of a patient diagnosed with diabetes and, to the
1-11     extent possible, that the health care providers coordinate the care
1-12     provided to the patient.
1-13           SECTION 2.  Section 1, Article 21.53G, Insurance Code, is
1-14     amended by adding Subdivision (5) to read as follows:
1-15                 (5)  "Nutrition counseling" has the meaning assigned by
1-16     Section 2, Licensed Dietitian Act (Article 4512h, Vernon's Texas
1-17     Civil Statutes).
1-18           SECTION 3.  Section 4, Article 21.53G, Insurance Code, is
1-19     amended to read as follows:
1-20           Sec. 4.  DIABETES SELF-MANAGEMENT TRAINING. (a) Diabetes
1-21     self-management training under this article must be provided by a
1-22     health care practitioner or provider who is licensed, registered,
1-23     or certified in this state to provide appropriate health care
 2-1     services and who is acting within the scope of practice authorized
 2-2     by the practitioner's or provider's license, registration, or
 2-3     certification.  Self-management training includes:
 2-4                 (1)  training provided to a qualified insured after the
 2-5     initial diagnosis of diabetes in the care and management of that
 2-6     condition, including nutrition [nutritional] counseling and proper
 2-7     use of diabetes equipment and supplies;
 2-8                 (2)  additional training authorized on the diagnosis of
 2-9     a physician or other health care practitioner of a significant
2-10     change in the qualified insured's symptoms or condition that
2-11     requires changes in the qualified insured's self-management regime;
2-12     and
2-13                 (3)  periodic or episodic continuing education training
2-14     when prescribed by an appropriate health care practitioner as
2-15     warranted by the development of new techniques and treatments for
2-16     diabetes.
2-17           (b)  Coverage for diabetes self-management training provided
2-18     by a health benefit plan under this article to a qualified insured
2-19     must include coverage for the following, if provided on the written
2-20     order of a physician or health care practitioner, including the
2-21     written order of a health care practitioner practicing under
2-22     protocols jointly developed with a physician:
2-23                 (1)  a diabetes self-management training program
2-24     recognized by the American Diabetes Association;
2-25                 (2)  diabetes self-management training given by a
2-26     multidisciplinary team:
2-27                       (A)  the non-physician members of which are
 3-1     coordinated by:
 3-2                             (i)  a diabetes educator who is certified
 3-3     by the National Certification Board for Diabetes Educators; or
 3-4                             (ii)  a person who has completed at least
 3-5     24 hours of continuing education that meets guidelines established
 3-6     by the Texas Board of Health and that includes a combination of
 3-7     diabetes-related educational principles and behavioral strategies;
 3-8                       (B)  that consists of at least a licensed
 3-9     dietitian and a registered nurse and may include a pharmacist and a
3-10     social worker; and
3-11                       (C)  each member of which, other than a social
3-12     worker, has recent didactic and experiential preparation in
3-13     diabetes clinical and educational issues as determined by the
3-14     member's licensing agency, in consultation with the commissioner of
3-15     public health, unless the member's licensing agency, in
3-16     consultation with the commissioner of public health, determines
3-17     that the core educational preparation for the member's license
3-18     includes the skills the member needs to provide diabetes
3-19     self-management training;
3-20                 (3)  diabetes self-management training provided by a
3-21     diabetes educator certified by the National Certification Board for
3-22     Diabetes Educators; or
3-23                 (4)  diabetes self-management training in which one or
3-24     more of the following components are provided:
3-25                       (A)  the nutrition counseling component provided
3-26     by a licensed dietitian, for which the licensed dietitian shall be
3-27     paid;
 4-1                       (B)  the pharmaceutical component provided by a
 4-2     pharmacist, for which the pharmacist shall be paid;
 4-3                       (C)  any component of the training provided by a
 4-4     physician assistant or registered nurse, for which the physician
 4-5     assistant or registered nurse shall be paid, except that the
 4-6     physician assistant or registered nurse may not be paid for
 4-7     providing a nutrition counseling or pharmaceutical component unless
 4-8     a licensed dietitian or pharmacist is unavailable to provide that
 4-9     component; or
4-10                       (D)  any component of the training provided by a
4-11     physician.
4-12           (c)  A person may not provide a component of diabetes
4-13     self-management training under Subsection (b)(4) unless the subject
4-14     matter of the component is within the scope of the person's
4-15     practice.
4-16           SECTION 4.  This Act takes effect September 1, 1999, and
4-17     applies only to a health benefit plan that is delivered, issued for
4-18     delivery, or renewed on or after January 1, 2000.  A health benefit
4-19     plan that is delivered, issued for delivery, or renewed before
4-20     January 1, 2000, is governed by the law as it existed immediately
4-21     before the effective date of this Act, and that law is continued in
4-22     effect for that purpose.
4-23           SECTION 5.  The importance of this legislation and the
4-24     crowded condition of the calendars in both houses create an
4-25     emergency and an imperative public necessity that the
4-26     constitutional rule requiring bills to be read on three several
4-27     days in each house be suspended, and this rule is hereby suspended.