1-1 By: Chavez, et al. (Senate Sponsor - Duncan) H.B. No. 2510 1-2 (In the Senate - Received from the House May 4, 2001; 1-3 May 7, 2001, read first time and referred to Committee on 1-4 Education; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the establishment of diabetes research and screening 1-9 programs at certain institutions of higher education. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 110, Education Code, is amended by adding 1-12 Section 110.15 to read as follows: 1-13 Sec. 110.15. TEXAS TECH DIABETES RESEARCH CENTER. (a) In 1-14 this section: 1-15 (1) "Board" means the board of regents of the Texas 1-16 Tech University System. 1-17 (2) "Center" means the Texas Tech Diabetes Research 1-18 Center. 1-19 (b) The board shall establish the Texas Tech Diabetes 1-20 Research Center for purposes of researching issues related to: 1-21 (1) diabetes; and 1-22 (2) conditions associated with that disease, including 1-23 acanthosis nigricans, as defined by Section 95.001, Health and 1-24 Safety Code. 1-25 (c) The organization, control, and management of the center 1-26 are vested in the board. 1-27 (d) The board shall approve the employment of personnel by 1-28 and the operating budget of the center. An employee of the center 1-29 is an employee of the Texas Tech University System. 1-30 (e) The board shall select a site for the center at the 1-31 regional academic health center of the Texas Tech University Health 1-32 Sciences Center located in El Paso. 1-33 (f) The center may enter into an agreement or may cooperate 1-34 with a public or private entity to perform the research functions 1-35 of the center. 1-36 (g) The board may solicit, accept, and administer gifts and 1-37 grants from any public or private source for the use and benefit of 1-38 the center. 1-39 (h) In conducting its activities under this section, the 1-40 center shall consult with the Texas-Mexico Border Health 1-41 Coordination Office of The University of Texas-Pan American that 1-42 administers an acanthosis nigricans screening program under Chapter 1-43 95, Health and Safety Code. 1-44 SECTION 2. (a) Subtitle D, Title 2, Health and Safety 1-45 Code, is amended by adding Chapter 95 to read as follows: 1-46 CHAPTER 95. ACANTHOSIS NIGRICANS SCREENING 1-47 Sec. 95.001. DEFINITIONS. In this chapter: 1-48 (1) "Acanthosis nigricans" means a light brown or 1-49 black velvety, rough, or thickened area on the surface of the skin 1-50 that may signal high insulin levels indicative of insulin 1-51 resistance. 1-52 (2) "Executive council" means the executive council 1-53 advising the Texas-Mexico Border Health Coordination Office of The 1-54 University of Texas-Pan American. 1-55 (3) "Office" means the Texas-Mexico Border Health 1-56 Coordination Office of The University of Texas-Pan American. 1-57 (4) "Professional examination" means an evaluation 1-58 performed by an appropriately licensed professional. 1-59 (5) "School" means an educational institution that 1-60 admits children who are five years of age or older but younger than 1-61 21 years of age. 1-62 (6) "Screening test" means a rapid analytical 1-63 procedure used to recommend appropriate measures or to determine 1-64 the need for further evaluation. The term does not include the 2-1 removal or partial removal of clothing. 2-2 Sec. 95.002. ACANTHOSIS NIGRICANS EDUCATION AND SCREENING 2-3 PROJECT. (a) The office shall administer an acanthosis nigricans 2-4 screening program in accordance with this chapter. 2-5 (b) The executive council by rule shall coordinate screening 2-6 of individuals who attend public or private schools located in 2-7 Texas Education Agency Regional Education Service Centers 1, 2, 3, 2-8 13, 15, 18, 19, and 20. 2-9 (c) The rules must include procedures necessary to 2-10 administer screening activities. 2-11 (d) The office shall require acanthosis nigricans screening 2-12 to be performed at the same time hearing and vision screening is 2-13 performed under Chapter 36 or spinal screening is performed under 2-14 Chapter 37. 2-15 (e) The office may coordinate the acanthosis nigricans 2-16 screening activities of school districts, private schools, state 2-17 agencies, volunteer organizations, and other entities so that the 2-18 efforts of each entity are complementary and not fragmented and 2-19 duplicative. The office may provide technical assistance to those 2-20 entities in developing screening programs and may provide 2-21 educational and other material to assist local screening 2-22 activities. 2-23 (f) The office shall monitor the quality of screening 2-24 activities provided under this chapter. 2-25 Sec. 95.003. COMPLIANCE WITH SCREENING REQUIREMENTS. (a) 2-26 Each individual required by rules adopted under this chapter to be 2-27 screened shall undergo approved screening for acanthosis nigricans. 2-28 The individual shall comply with the requirements as soon as 2-29 possible after the individual's admission to a school and as 2-30 required by rule. The individual or, if the individual is a minor, 2-31 the minor's parent, managing conservator, or guardian may 2-32 substitute a professional examination for the screening. 2-33 (b) An individual is exempt from screening if screening 2-34 conflicts with the tenets and practices of a recognized church or 2-35 religious denomination of which the individual is an adherent or a 2-36 member. To qualify for the exemption, the individual or, if the 2-37 individual is a minor, the individual's parent, managing 2-38 conservator, or guardian must submit to the chief administrator of 2-39 the school on or before the day of the screening procedure an 2-40 affidavit stating the objections to the screening. 2-41 (c) The chief administrator of each school shall ensure that 2-42 each individual admitted to the school complies with the screening 2-43 requirements set by the executive council or submits an affidavit 2-44 of exemption. 2-45 Sec. 95.004. RECORDS; REPORTS. (a) The chief administrator 2-46 of each school shall maintain, on a form prescribed by the 2-47 executive council, screening records for each individual in 2-48 attendance, and the records are open for inspection by the office 2-49 or the local health department. 2-50 (b) The office may, directly or through local health 2-51 departments, enter a school and inspect records maintained by the 2-52 school relating to screening for acanthosis nigricans. 2-53 (c) An individual's screening records may be transferred 2-54 among schools without the consent of the individual or, if the 2-55 individual is a minor, the minor's parent, managing conservator, or 2-56 guardian. 2-57 (d) The person performing the screening shall send a report 2-58 indicating that an individual may have acanthosis nigricans to the 2-59 individual or, if the individual is a minor, the minor's parent, 2-60 managing conservator, or guardian. The report must include: 2-61 (1) an explanation of acanthosis nigricans and related 2-62 conditions; 2-63 (2) a statement concerning an individual's or family's 2-64 need for further evaluation of conditions related to acanthosis 2-65 nigricans; and 2-66 (3) instructions to help the individual or family 2-67 receive evaluation and intervention by the school district. 2-68 (e) Each school shall submit to the office an annual report 2-69 on the screening status of the individuals in attendance during the 3-1 reporting year and shall include in the report any other 3-2 information required by the office. The report must be on a form 3-3 prescribed by the executive council and must be submitted according 3-4 to the executive council's rules. 3-5 (f) Not later than January 15 of each odd-numbered year, the 3-6 office shall submit to the governor and the legislature a report 3-7 concerning the effectiveness of the acanthosis nigricans screening 3-8 program established by this chapter. 3-9 (b) This section takes effect only if a specific 3-10 appropriation for the implementation of this Act is provided in 3-11 S.B. No. 1 (General Appropriations Act), Acts of the 77th 3-12 Legislature, Regular Session, 2001. If no specific appropriation 3-13 is provided in S.B. No. 1, the General Appropriations Act, this 3-14 section has no effect. 3-15 SECTION 3. The board of regents of the Texas Tech University 3-16 System shall establish the Texas Tech Diabetes Research Center as 3-17 provided by Section 110.15, Education Code, as added by this Act, 3-18 not later than January 1, 2003. 3-19 SECTION 4. This Act takes effect immediately if it receives 3-20 a vote of two-thirds of all the members elected to each house, as 3-21 provided by Section 39, Article III, Texas Constitution. If this 3-22 Act does not receive the vote necessary for immediate effect, this 3-23 Act takes effect September 1, 2001. 3-24 * * * * *