By Gutierrez H.B. No. 2989
77R9056 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing an acanthosis nigricans screening program
1-3 in certain public and private schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 95 to read as follows:
1-7 CHAPTER 95. ACANTHOSIS NIGRICANS SCREENING
1-8 Sec. 95.001. DEFINITIONS. In this chapter:
1-9 (1) "Acanthosis nigricans" means a light brown or
1-10 black velvety, rough, or thickened area on the surface of the skin
1-11 that may signal high insulin levels indicative of insulin
1-12 resistance.
1-13 (2) "Executive council" means the executive council
1-14 advising the Texas-Mexico Border Health Coordination Office of The
1-15 University of Texas-Pan American.
1-16 (3) "Office" means the Texas-Mexico Border Health
1-17 Coordination Office of The University of Texas-Pan American.
1-18 (4) "Professional examination" means an evaluation
1-19 performed by an appropriately licensed professional.
1-20 (5) "School" means an educational institution that
1-21 admits children who are five years of age or older but younger than
1-22 21 years of age.
1-23 (6) "Screening test" means a rapid analytical
1-24 procedure used to recommend appropriate measures or to determine
2-1 the need for further evaluation. The term does not include the
2-2 removal or partial removal of clothing.
2-3 Sec. 95.002. ACANTHOSIS NIGRICANS EDUCATION AND SCREENING
2-4 PROJECT. (a) The office shall administer an acanthosis nigricans
2-5 screening program in accordance with this chapter.
2-6 (b) The executive council by rule shall coordinate screening
2-7 of individuals who attend public or private schools located in
2-8 Texas Education Agency Regional Education Service Centers 1, 2, 3,
2-9 13, 15, 18, 19, and 20.
2-10 (c) The rules must include procedures necessary to
2-11 administer screening activities.
2-12 (d) The office shall require acanthosis nigricans screening
2-13 to be performed at the same time hearing and vision screening is
2-14 performed under Chapter 36 or spinal screening is performed under
2-15 Chapter 37.
2-16 (e) The office may coordinate the acanthosis nigricans
2-17 screening activities of school districts, private schools, state
2-18 agencies, volunteer organizations, and other entities so that the
2-19 efforts of each entity are complementary and not fragmented and
2-20 duplicative. The office may provide technical assistance to those
2-21 entities in developing screening programs and may provide
2-22 educational and other material to assist local screening
2-23 activities.
2-24 (f) The office shall monitor the quality of screening
2-25 activities provided under this chapter.
2-26 Sec. 95.003. COMPLIANCE WITH SCREENING REQUIREMENTS. (a)
2-27 Each individual required by rules adopted under this chapter to be
3-1 screened shall undergo approved screening for acanthosis nigricans.
3-2 The individual shall comply with the requirements as soon as
3-3 possible after the individual's admission to a school and as
3-4 required by rule. The individual or, if the individual is a minor,
3-5 the minor's parent, managing conservator, or guardian may
3-6 substitute a professional examination for the screening.
3-7 (b) An individual is exempt from screening if screening
3-8 conflicts with the tenets and practices of a recognized church or
3-9 religious denomination of which the individual is an adherent or a
3-10 member. To qualify for the exemption, the individual or, if the
3-11 individual is a minor, the individual's parent, managing
3-12 conservator, or guardian must submit to the chief administrator of
3-13 the school on or before the day of the screening procedure an
3-14 affidavit stating the objections to the screening.
3-15 (c) The chief administrator of each school shall ensure that
3-16 each individual admitted to the school complies with the screening
3-17 requirements set by the executive council or submits an affidavit
3-18 of exemption.
3-19 Sec. 95.004. RECORDS; REPORTS. (a) The chief administrator
3-20 of each school shall maintain, on a form prescribed by the
3-21 executive council, screening records for each individual in
3-22 attendance, and the records are open for inspection by the office
3-23 or the local health department.
3-24 (b) The office may, directly or through local health
3-25 departments, enter a school and inspect records maintained by the
3-26 school relating to screening for acanthosis nigricans.
3-27 (c) An individual's screening records may be transferred
4-1 among schools without the consent of the individual or, if the
4-2 individual is a minor, the minor's parent, managing conservator, or
4-3 guardian.
4-4 (d) The person performing the screening shall send a report
4-5 indicating that an individual may have acanthosis nigricans to the
4-6 individual or, if the individual is a minor, the minor's parent,
4-7 managing conservator, or guardian. The report must include:
4-8 (1) an explanation of acanthosis nigricans and related
4-9 conditions;
4-10 (2) a statement concerning an individual's or family's
4-11 need for further evaluation of conditions related to acanthosis
4-12 nigricans; and
4-13 (3) instructions to help the individual or family
4-14 receive evaluation and intervention by the school district.
4-15 (e) Each school shall submit to the office an annual report
4-16 on the screening status of the individuals in attendance during the
4-17 reporting year and shall include in the report any other
4-18 information required by the office. The report must be on a form
4-19 prescribed by the executive council and must be submitted according
4-20 to the executive council's rules.
4-21 (f) Not later than January 15 of each odd-numbered year, the
4-22 office shall submit to the governor and the legislature a report
4-23 concerning the effectiveness of the acanthosis nigricans screening
4-24 program established by this chapter.
4-25 SECTION 2. This Act takes effect September 1, 2001.
4-26 SECTION 3. This Act takes effect only if a specific
4-27 appropriation for the implementation of this Act is provided in
5-1 H.B. No. 1 (General Appropriations Act), Acts of the 77th
5-2 Legislature, Regular Session, 2001. If no specific appropriation
5-3 is provided in H.B. No. 1, the General Appropriations Act, this Act
5-4 has no effect.