Amend CSSB 1239 by striking all below the enacting clause and
substituting the following:
SECTION 1. The heading to Chapter 95, Health and Safety
Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
CHAPTER 95. RISK ASSESSMENT FOR TYPE 2 DIABETES
[ACANTHOSIS NIGRICANS SCREENING]
SECTION 2. Sections 95.002, 95.003, and 95.004, Health and
Safety Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, are amended to read as follows:
Sec. 95.002. TYPE 2 DIABETES [ACANTHOSIS NIGRICANS]
EDUCATION AND RISK ASSESSMENT PROGRAM [SCREENING PROJECT].
(a) The office shall administer a risk assessment program for Type
2 diabetes [an acanthosis nigricans screening program] in
accordance with this chapter.
(b) The executive council by rule shall coordinate the risk
assessment for Type 2 diabetes [screening] of individuals who
attend public or private schools located in Texas Education Agency
Regional Education Service Centers 1, 2, 3, 4, 10, 11, 13, 15, 18,
19, and 20 and in additional regional education service centers as
funding is available.
(c) The rules must include procedures necessary to
administer the risk assessment program, including procedures that
require each school to record and report risk assessment
[screening] activities using:
(1) the Centers for Disease Control and Prevention's
Epi Info or similar surveillance software selected by the office;
or
(2) an existing database used to administer and track
risk assessment data.
(d) The office shall require a risk assessment for Type 2
diabetes [acanthosis nigricans screening] to be performed at the
same time hearing and vision screening is performed under Chapter
36 or spinal screening is performed under Chapter 37. The risk
assessment for Type 2 diabetes should:
(1) identify students with a body mass index above the
normal range; and
(2) further assess students identified under
Subdivision (1) for acanthosis nigricans and elevated blood
pressure.
(e) The office may:
(1) coordinate the risk assessment for Type 2 diabetes
[acanthosis nigricans screening] activities of school districts,
private schools, state agencies, volunteer organizations, and
other entities so that the efforts of each entity are complementary
and not fragmented and duplicative; and
(2) [. The office may] provide technical assistance
to those entities in developing risk assessment [screening]
programs.
(f) The office shall:
(1) [and may] provide educational and other material
to assist local risk assessment [screening] activities;
(2) [. (f) The office shall] monitor the quality of
risk assessment [screening] activities provided under this
chapter; and
(3) consult with the Board of Nurse Examiners to
determine the training requirements necessary for a nurse or other
person to conduct risk assessment activities under this chapter.
(g) The office shall periodically provide information on
obesity, Type 2 diabetes, and related conditions to physicians.
Sec. 95.003. COMPLIANCE WITH RISK ASSESSMENT [SCREENING]
REQUIREMENTS. (a) Each individual required by rules adopted under
this chapter to be assessed [screened] shall undergo approved risk
assessment [screening] for Type 2 diabetes [acanthosis nigricans].
The individual shall comply with the requirements as soon as
possible after the individual's admission to a school and as
required by rule. The individual or, if the individual is a minor,
the minor's parent, managing conservator, or guardian may
substitute a professional examination for the risk assessment
[screening].
(b) An individual is exempt from risk assessment
[screening] if risk assessment [screening] conflicts with the
tenets and practices of a recognized church or religious
denomination of which the individual is an adherent or a member. To
qualify for the exemption, the individual or, if the individual is a
minor, the individual's parent, managing conservator, or guardian
must submit to the chief administrator of the school on or before
the day of the risk assessment process [screening procedure] an
affidavit stating the objections to the risk assessment
[screening].
(c) The chief administrator of each school shall ensure that
each individual admitted to the school complies with the risk
assessment [screening] requirements set by the executive council or
submits an affidavit of exemption.
Sec. 95.004. RECORDS; REPORTS. (a) The chief
administrator of each school shall maintain, on a form prescribed
by the executive council, risk assessment [screening] records for
each individual in attendance[,] and enter the risk assessment
information for each individual on the Centers for Disease Control
and Prevention's Epi Info or similar surveillance software selected
by the office. The risk assessment [the] records are open for
inspection by the office or the local health department.
(b) The office may, directly or through local health
departments, enter a school and inspect records maintained by the
school relating to risk assessment [screening] for Type 2 diabetes
[acanthosis nigricans].
(c) An individual's risk assessment [screening] records may
be transferred among schools without the consent of the individual
or, if the individual is a minor, the minor's parent, managing
conservator, or guardian.
(d) The person performing the risk assessment [screening]
shall send a report indicating that an individual may be at risk for
developing Type 2 diabetes [have acanthosis nigricans] to the
individual or, if the individual is a minor, the minor's parent,
managing conservator, or guardian. The report must include:
(1) an explanation of:
(A) the process for assessing risk for developing
Type 2 diabetes;
(B) the body mass index;
(C) the risk factors associated with developing
Type 2 diabetes; and
(D) the reasons the individual was identified in
the risk assessment process as being at risk for developing Type 2
diabetes [acanthosis nigricans and related conditions];
(2) a statement concerning an individual's or family's
need for further evaluation for Type 2 diabetes and related [of]
conditions [related to acanthosis nigricans]; and
(3) instructions to help the individual or family
receive evaluation by a physician or health care provider [and
intervention by the school district].
(e) Each school shall submit to the office an annual report
on the risk assessment [screening] status of the individuals in
attendance during the reporting year and shall include in the
report any other information required by the office.
(f) The report required under Subsection (e) must be on a
form prescribed by the executive council and must be submitted
according to the executive council's rules.
(g) The office shall analyze and compile a summary of the
reports submitted by schools under Subsection (e) and make the
summary available to schools and the public on request.
(h) [(f)] Not later than January 15 of each odd-numbered
year, the office shall submit to the governor and the legislature a
report concerning the effectiveness of the risk assessment program
for Type 2 diabetes [acanthosis nigricans screening program]
established by this chapter.
SECTION 3. Chapter 95, Health and Safety Code, as added by
Chapter 1465, Acts of the 77th Legislature, Regular Session, 2001,
is amended by adding Section 95.005 to read as follows:
Sec. 95.005. GIFTS AND GRANTS. The office may accept gifts,
grants, and donations to support the Type 2 diabetes risk
assessment program conducted under this chapter.
SECTION 4. Subdivision (6), Section 95.001, Health and
Safety Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, is repealed.
SECTION 5. This Act takes effect September 1, 2005.