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.