79R5446 YDB-D
By: Lucio, Hinojosa S.B. No. 467
A BILL TO BE ENTITLED
AN ACT
relating to a risk assessment for Type 2 diabetes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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. Section 95.001(3), Health and Safety Code, as
added by Chapter 1465, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(3) "Office" means the [Texas-Mexico] Border Health
[Coordination] Office of The University of Texas-Pan American.
SECTION 3. Sections 95.002-95.004, 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 office [executive council] by rule shall coordinate
the risk assessment for Type 2 diabetes [screening] of individuals
who attend public schools in this state or private schools located
in Texas Education Agency Regional Education Service Centers 1, 2,
3, 4, 10, 11, 13, 15, 18, 19, and 20. The office may coordinate the
risk assessment of individuals who attend private schools in other
regional education service centers in this state as determined by
the office.
(c) The rules must include procedures necessary to
administer risk assessment [screening] activities.
(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 identify students with:
(1) a body mass index above the 95th percentile; and
(2) any of the following additional risk factors for
Type 2 diabetes:
(A) acanthosis nigricans;
(B) elevated blood pressure; or
(C) race or ethnicity with a statistically higher
incidence of Type 2 diabetes.
(e) The office may 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. The
office may provide technical assistance to those entities in
developing risk assessment [screening] programs and may provide
educational and other material to assist local risk assessment
[screening] activities.
(f) The office shall monitor the quality of risk assessment
[screening] activities provided under this chapter.
(g) The office, in collaboration with public and private
health-related organizations, shall provide information on obesity
and Type 2 diabetes to physicians licensed in this state who provide
medical care to children.
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 office [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 office [executive council], risk assessment [screening]
records for each individual in attendance, and 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 higher
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 the process to assess risk for
developing Type 2 diabetes, body mass index, risk factors
associated with developing Type 2 diabetes, and why the individual
was identified in the risk assessment process as 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 and intervention by the school district or by a
physician or health care provider.
(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. For each
individual identified as being at risk for developing Type 2
diabetes, the report must indicate whether the individual:
(1) subsequently sought the assistance of a health
care provider or physician;
(2) was examined and received health care
recommendations from a health care provider or physician; or
(3) failed to disclose the outcome of any additional
health care assistance or testing.
(f) The annual report required under Subsection (e) must be
submitted electronically on the web-based system developed by the
office for the purposes of this chapter or on a form prescribed by
the office in accordance with [executive council and must be
submitted according to] the office's [executive council's] rules.
(g) [(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 for Type
2 diabetes [acanthosis nigricans screening] program established by
this chapter.
SECTION 4. Sections 95.001(2) and (6), Health and Safety
Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, are repealed.
SECTION 5. This Act takes effect September 1, 2005.