By Chavez, Jones of Lubbock, Moreno of H.B. No. 2510 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of diabetes research and screening 1-3 programs at certain institutions of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 110, Education Code, is amended by adding 1-6 Section 110.15 to read as follows: 1-7 Sec. 110.15. TEXAS TECH DIABETES RESEARCH CENTER. (a) In 1-8 this section: 1-9 (1) "Board" means the board of regents of the Texas 1-10 Tech University System. 1-11 (2) "Center" means the Texas Tech Diabetes Research 1-12 Center. 1-13 (b) The board shall establish the Texas Tech Diabetes 1-14 Research Center for purposes of researching issues related to: 1-15 (1) diabetes; and 1-16 (2) conditions associated with that disease, including 1-17 acanthosis nigricans, as defined by Section 95.001, Health and 1-18 Safety Code. 1-19 (c) The organization, control, and management of the center 1-20 are vested in the board. 1-21 (d) The board shall approve the employment of personnel by 1-22 and the operating budget of the center. An employee of the center 1-23 is an employee of the Texas Tech University System. 1-24 (e) The board shall select a site for the center at the 1-25 regional academic health center of the Texas Tech University Health 1-26 Sciences Center located in El Paso. 2-1 (f) The center may enter into an agreement or may cooperate 2-2 with a public or private entity to perform the research functions 2-3 of the center. 2-4 (g) The board may solicit, accept, and administer gifts and 2-5 grants from any public or private source for the use and benefit of 2-6 the center. 2-7 (h) In conducting its activities under this section, the 2-8 center shall consult with the Texas-Mexico Border Health 2-9 Coordination Office of The University of Texas-Pan American that 2-10 administers an acanthosis nigricans screening program under Chapter 2-11 95, Health and Safety Code. 2-12 SECTION 2. (a) Subtitle D, Title 2, Health and Safety 2-13 Code, is amended by adding Chapter 95 to read as follows: 2-14 CHAPTER 95. ACANTHOSIS NIGRICANS SCREENING 2-15 Sec. 95.001. DEFINITIONS. In this chapter: 2-16 (1) "Acanthosis nigricans" means a light brown or 2-17 black velvety, rough, or thickened area on the surface of the skin 2-18 that may signal high insulin levels indicative of insulin 2-19 resistance. 2-20 (2) "Executive council" means the executive council 2-21 advising the Texas-Mexico Border Health Coordination Office of The 2-22 University of Texas-Pan American. 2-23 (3) "Office" means the Texas-Mexico Border Health 2-24 Coordination Office of The University of Texas-Pan American. 2-25 (4) "Professional examination" means an evaluation 2-26 performed by an appropriately licensed professional. 2-27 (5) "School" means an educational institution that 3-1 admits children who are five years of age or older but younger than 3-2 21 years of age. 3-3 (6) "Screening test" means a rapid analytical 3-4 procedure used to recommend appropriate measures or to determine 3-5 the need for further evaluation. The term does not include the 3-6 removal or partial removal of clothing. 3-7 Sec. 95.002. ACANTHOSIS NIGRICANS EDUCATION AND SCREENING 3-8 PROJECT. (a) The office shall administer an acanthosis nigricans 3-9 screening program in accordance with this chapter. 3-10 (b) The executive council by rule shall coordinate screening 3-11 of individuals who attend public or private schools located in 3-12 Texas Education Agency Regional Education Service Centers 1, 2, 3, 3-13 13, 15, 18, 19, and 20. 3-14 (c) The rules must include procedures necessary to 3-15 administer screening activities. 3-16 (d) The office shall require acanthosis nigricans screening 3-17 to be performed at the same time hearing and vision screening is 3-18 performed under Chapter 36 or spinal screening is performed under 3-19 Chapter 37. 3-20 (e) The office may coordinate the acanthosis nigricans 3-21 screening activities of school districts, private schools, state 3-22 agencies, volunteer organizations, and other entities so that the 3-23 efforts of each entity are complementary and not fragmented and 3-24 duplicative. The office may provide technical assistance to those 3-25 entities in developing screening programs and may provide 3-26 educational and other material to assist local screening 3-27 activities. 4-1 (f) The office shall monitor the quality of screening 4-2 activities provided under this chapter. 4-3 Sec. 95.003. COMPLIANCE WITH SCREENING REQUIREMENTS. (a) 4-4 Each individual required by rules adopted under this chapter to be 4-5 screened shall undergo approved screening for acanthosis nigricans. 4-6 The individual shall comply with the requirements as soon as 4-7 possible after the individual's admission to a school and as 4-8 required by rule. The individual or, if the individual is a minor, 4-9 the minor's parent, managing conservator, or guardian may 4-10 substitute a professional examination for the screening. 4-11 (b) An individual is exempt from screening if screening 4-12 conflicts with the tenets and practices of a recognized church or 4-13 religious denomination of which the individual is an adherent or a 4-14 member. To qualify for the exemption, the individual or, if the 4-15 individual is a minor, the individual's parent, managing 4-16 conservator, or guardian must submit to the chief administrator of 4-17 the school on or before the day of the screening procedure an 4-18 affidavit stating the objections to the screening. 4-19 (c) The chief administrator of each school shall ensure that 4-20 each individual admitted to the school complies with the screening 4-21 requirements set by the executive council or submits an affidavit 4-22 of exemption. 4-23 Sec. 95.004. RECORDS; REPORTS. (a) The chief administrator 4-24 of each school shall maintain, on a form prescribed by the 4-25 executive council, screening records for each individual in 4-26 attendance, and the records are open for inspection by the office 4-27 or the local health department. 5-1 (b) The office may, directly or through local health 5-2 departments, enter a school and inspect records maintained by the 5-3 school relating to screening for acanthosis nigricans. 5-4 (c) An individual's screening records may be transferred 5-5 among schools without the consent of the individual or, if the 5-6 individual is a minor, the minor's parent, managing conservator, or 5-7 guardian. 5-8 (d) The person performing the screening shall send a report 5-9 indicating that an individual may have acanthosis nigricans to the 5-10 individual or, if the individual is a minor, the minor's parent, 5-11 managing conservator, or guardian. The report must include: 5-12 (1) an explanation of acanthosis nigricans and related 5-13 conditions; 5-14 (2) a statement concerning an individual's or family's 5-15 need for further evaluation of conditions related to acanthosis 5-16 nigricans; and 5-17 (3) instructions to help the individual or family 5-18 receive evaluation and intervention by the school district. 5-19 (e) Each school shall submit to the office an annual report 5-20 on the screening status of the individuals in attendance during the 5-21 reporting year and shall include in the report any other 5-22 information required by the office. The report must be on a form 5-23 prescribed by the executive council and must be submitted according 5-24 to the executive council's rules. 5-25 (f) Not later than January 15 of each odd-numbered year, the 5-26 office shall submit to the governor and the legislature a report 5-27 concerning the effectiveness of the acanthosis nigricans screening 6-1 program established by this chapter. 6-2 (b) This section takes effect only if a specific 6-3 appropriation for the implementation of this Act is provided in 6-4 S.B. No. 1 (General Appropriations Act), Acts of the 77th 6-5 Legislature, Regular Session, 2001. If no specific appropriation 6-6 is provided in S.B. No. 1, the General Appropriations Act, this 6-7 section has no effect. 6-8 SECTION 3. The board of regents of the Texas Tech University 6-9 System shall establish the Texas Tech Diabetes Research Center as 6-10 provided by Section 110.15, Education Code, as added by this Act, 6-11 not later than January 1, 2003. 6-12 SECTION 4. This Act takes effect immediately if it receives 6-13 a vote of two-thirds of all the members elected to each house, as 6-14 provided by Section 39, Article III, Texas Constitution. If this 6-15 Act does not receive the vote necessary for immediate effect, this 6-16 Act takes effect September 1, 2001.