1-1 By: Gutierrez, Chavez, Capelo H.B. No. 2989 1-2 (Senate Sponsor - Van de Putte) 1-3 (In the Senate - Received from the House May 11, 2001; 1-4 May 11, 2001, read first time and referred to Committee on Health 1-5 and Human Services; May 11, 2001, reported favorably by the 1-6 following vote: Yeas 7, Nays 0; May 11, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to establishing an acanthosis nigricans screening program 1-10 in certain public and private schools. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is 1-13 amended by adding Chapter 95 to read as follows: 1-14 CHAPTER 95. ACANTHOSIS NIGRICANS SCREENING 1-15 Sec. 95.001. DEFINITIONS. In this chapter: 1-16 (1) "Acanthosis nigricans" means a light brown or 1-17 black velvety, rough, or thickened area on the surface of the skin 1-18 that may signal high insulin levels indicative of insulin 1-19 resistance. 1-20 (2) "Executive council" means the executive council 1-21 advising the Texas-Mexico Border Health Coordination Office of The 1-22 University of Texas-Pan American. 1-23 (3) "Office" means the Texas-Mexico Border Health 1-24 Coordination Office of The University of Texas-Pan American. 1-25 (4) "Professional examination" means an evaluation 1-26 performed by an appropriately licensed professional. 1-27 (5) "School" means an educational institution that 1-28 admits children who are five years of age or older but younger than 1-29 21 years of age. 1-30 (6) "Screening test" means a rapid analytical 1-31 procedure used to recommend appropriate measures or to determine 1-32 the need for further evaluation. The term does not include the 1-33 removal or partial removal of clothing. 1-34 Sec. 95.002. ACANTHOSIS NIGRICANS EDUCATION AND SCREENING 1-35 PROJECT. (a) The office shall administer an acanthosis nigricans 1-36 screening program in accordance with this chapter. 1-37 (b) The executive council by rule shall coordinate screening 1-38 of individuals who attend public or private schools located in 1-39 Texas Education Agency Regional Education Service Centers 1, 2, 3, 1-40 13, 15, 18, 19, and 20. 1-41 (c) The rules must include procedures necessary to 1-42 administer screening activities. 1-43 (d) The office shall require acanthosis nigricans screening 1-44 to be performed at the same time hearing and vision screening is 1-45 performed under Chapter 36 or spinal screening is performed under 1-46 Chapter 37. 1-47 (e) The office may coordinate the acanthosis nigricans 1-48 screening activities of school districts, private schools, state 1-49 agencies, volunteer organizations, and other entities so that the 1-50 efforts of each entity are complementary and not fragmented and 1-51 duplicative. The office may provide technical assistance to those 1-52 entities in developing screening programs and may provide 1-53 educational and other material to assist local screening 1-54 activities. 1-55 (f) The office shall monitor the quality of screening 1-56 activities provided under this chapter. 1-57 Sec. 95.003. COMPLIANCE WITH SCREENING REQUIREMENTS. (a) 1-58 Each individual required by rules adopted under this chapter to be 1-59 screened shall undergo approved screening for acanthosis nigricans. 1-60 The individual shall comply with the requirements as soon as 1-61 possible after the individual's admission to a school and as 1-62 required by rule. The individual or, if the individual is a minor, 1-63 the minor's parent, managing conservator, or guardian may 1-64 substitute a professional examination for the screening. 2-1 (b) An individual is exempt from screening if screening 2-2 conflicts with the tenets and practices of a recognized church or 2-3 religious denomination of which the individual is an adherent or a 2-4 member. To qualify for the exemption, the individual or, if the 2-5 individual is a minor, the individual's parent, managing 2-6 conservator, or guardian must submit to the chief administrator of 2-7 the school on or before the day of the screening procedure an 2-8 affidavit stating the objections to the screening. 2-9 (c) The chief administrator of each school shall ensure that 2-10 each individual admitted to the school complies with the screening 2-11 requirements set by the executive council or submits an affidavit 2-12 of exemption. 2-13 Sec. 95.004. RECORDS; REPORTS. (a) The chief administrator 2-14 of each school shall maintain, on a form prescribed by the 2-15 executive council, screening records for each individual in 2-16 attendance, and the records are open for inspection by the office 2-17 or the local health department. 2-18 (b) The office may, directly or through local health 2-19 departments, enter a school and inspect records maintained by the 2-20 school relating to screening for acanthosis nigricans. 2-21 (c) An individual's screening records may be transferred 2-22 among schools without the consent of the individual or, if the 2-23 individual is a minor, the minor's parent, managing conservator, or 2-24 guardian. 2-25 (d) The person performing the screening shall send a report 2-26 indicating that an individual may have acanthosis nigricans to the 2-27 individual or, if the individual is a minor, the minor's parent, 2-28 managing conservator, or guardian. The report must include: 2-29 (1) an explanation of acanthosis nigricans and related 2-30 conditions; 2-31 (2) a statement concerning an individual's or family's 2-32 need for further evaluation of conditions related to acanthosis 2-33 nigricans; and 2-34 (3) instructions to help the individual or family 2-35 receive evaluation and intervention by the school district. 2-36 (e) Each school shall submit to the office an annual report 2-37 on the screening status of the individuals in attendance during the 2-38 reporting year and shall include in the report any other 2-39 information required by the office. The report must be on a form 2-40 prescribed by the executive council and must be submitted according 2-41 to the executive council's rules. 2-42 (f) Not later than January 15 of each odd-numbered year, the 2-43 office shall submit to the governor and the legislature a report 2-44 concerning the effectiveness of the acanthosis nigricans screening 2-45 program established by this chapter. 2-46 SECTION 2. This Act takes effect September 1, 2001. 2-47 SECTION 3. This Act takes effect only if a specific 2-48 appropriation for the implementation of this Act is provided in 2-49 S.B. No. 1 (General Appropriations Act), Acts of the 77th 2-50 Legislature, Regular Session, 2001. If no specific appropriation 2-51 is provided in S.B. No. 1, the General Appropriations Act, this Act 2-52 has no effect. 2-53 * * * * *