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79R5465 YDB-D
By: Madla S.B. No. 545
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Type 2 Diabetes Screening Program
Advisory Council and the establishment of a Type 2 diabetes
screening program for school children.
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. TYPE 2 DIABETES [ACANTHOSIS NIGRICANS] SCREENING
SECTION 2. Section 95.001, Health and Safety Code, as added
by Chapter 1465, Acts of the 77th Legislature, Regular Session,
2001, is amended by amending Subdivisions (2) and (3) and adding
Subdivision (2-a) to read as follows:
(2) "Advisory council" means the Type 2 Diabetes
Screening Program Advisory Council.
(2-a) "Department" means the Department of State
Health Services ["Executive council" means the executive council
advising the Texas-Mexico Border Health Coordination Office of The
University of Texas-Pan American].
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission ["Office"
means the Texas-Mexico Border Health Coordination Office of The
University of Texas-Pan American].
SECTION 3. Section 95.002, Health and Safety Code, as added
by Chapter 1465, Acts of the 77th Legislature, Regular Session,
2001, is amended to read as follows:
Sec. 95.002. TYPE 2 DIABETES [ACANTHOSIS NIGRICANS]
EDUCATION AND SCREENING PROGRAM [PROJECT]. (a) The department
[office] shall administer a Type 2 diabetes [an acanthosis
nigricans] screening program in accordance with this chapter. To
administer the screening program, the department shall contract
with one or more institutions of higher education, such as the
Texas-Mexico Border Health Coordination Office of The University of
Texas-Pan American or the Texas Tech Diabetes Research Center, and
may assign to an institution under a contract any duty required by
this chapter.
(b) The executive commissioner [council] by rule shall
coordinate screening of individuals who attend public or private
schools in this state [located in Texas Education Agency Regional
Education Service Centers 1, 2, 3, 4, 10, 11, 13, 15, 18, 19, and
20].
(c) The rules must include procedures necessary to
administer and track screening activities, including rules that
require the department and each school to record and track the
information collected during screening activities using the
Centers for Disease Control and Prevention's Epi Info or a similar
data tracking program selected by the department and designed to
develop questionnaires and customize and analyze data.
(d) Unless the executive commissioner by rule establishes
different times or age groups, the department [The office] shall
require 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 Type 2 diabetes screening should:
(1) identify students with a body mass index above the
normal range;
(2) further screen students identified under
Subdivision (1) for acanthosis nigricans and identify students with
an above normal grade of acanthosis nigricans; and
(3) further screen students identified under
Subdivision (2) for elevated blood pressure.
(e) The department [office] may:
(1) coordinate the 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 screening programs.
(f) The department shall:
(1) [and may] provide educational and other material to
assist local screening activities;
(2)[. (f) The office shall] monitor the quality of
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 screening activities under this chapter.
SECTION 4. Sections 95.003(a) and (c), Health and Safety
Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, are amended to read as follows:
(a) Each individual required by rules adopted under this
chapter to be screened shall undergo approved 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 screening.
(c) The chief administrator of each school shall ensure that
each individual admitted to the school complies with the screening
requirements set by the department [executive council] or submits
an affidavit of exemption.
SECTION 5. Section 95.004, Health and Safety Code, as added
by Chapter 1465, Acts of the 77th Legislature, Regular Session,
2001, is amended by amending Subsections (a), (b), (d), (e), and (f)
and adding Subsections (g) and (h) to read as follows:
(a) The chief administrator of each school shall maintain,
on a form prescribed by the department [executive council],
screening records for each individual in attendance and enter the
screening information for each individual on the Centers for
Disease Control and Prevention's Epi Info or another data tracking
program selected by the department in accordance with executive
commissioner rules. The screening[, and the] records are open for
inspection by the [office or the] local health department.
(b) The department [office] may, directly or through local
health departments, enter a school and inspect records maintained
by the school relating to screening for Type 2 diabetes [acanthosis
nigricans].
(d) The school nurse or other person performing the
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 the Type 2 diabetes screening
process, body mass index, [acanthosis nigricans and] related
conditions associated with developing Type 2 diabetes, such as
acanthosis nigricans or elevated blood pressure, and why the
individual was identified in the screening process as at risk for
developing Type 2 diabetes;
(2) a statement concerning an individual's or family's
need for further evaluation for Type 2 diabetes and related [of]
conditions that indicate the individual is at risk for developing
Type 2 diabetes [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 department [office] an
annual report on the screening status of the individuals in
attendance during the reporting year and shall include in the
report any other information required by the department [office].
(f) The annual report required under Subsection (e) must be
compiled from the information entered into the data tracking
program and be on a form prescribed by the department in accordance
with executive commissioner [council and must be submitted
according to the executive council's] rules.
(g) The department 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 department [office] shall submit to the governor and the
legislature a report concerning the effectiveness of the Type 2
diabetes [acanthosis nigricans] screening program established by
this chapter.
SECTION 6. Chapter 95, Health and Safety Code, as added by
Chapter 1465, Acts of the 77th Legislature, Regular Session, 2001,
is amended by adding Sections 95.005 and 95.006 to read as follows:
Sec. 95.005. ADVISORY COUNCIL. (a) The department shall
establish the Type 2 Diabetes Screening Program Advisory Council to
advise the department on the Type 2 diabetes screening program
conducted under this chapter.
(b) The advisory council is composed of:
(1) the following representatives appointed by the
executive head of the agency, organization, or school the
representative serves:
(A) one representative of the Texas Diabetes
Institute;
(B) one representative of the department;
(C) one representative of the Texas Education
Agency;
(D) a representative from each institution of
higher education selected by the department;
(E) one representative of the Texas Medical
Association;
(F) one representative of the Texas Pediatric
Society;
(G) one representative of the American Heart
Association;
(H) one school nurse representative from a rural
school selected by the department; and
(I) one school nurse representative from an urban
school selected by the department; and
(2) one parent or guardian of a child in this state
with Type 2 diabetes, appointed by the Texas Diabetes Institute.
(c) A person may not be a member of the advisory council if
the person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a health care profession or related
business or another profession related to the operation of the
department.
(d) The representative of the Texas Diabetes Institute
appointed under Subsection (b)(1)(A) shall serve as the presiding
officer of the advisory council.
(e) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory council.
Sec. 95.006. ADVISORY COUNCIL DUTIES. The advisory council
shall:
(1) recommend the person who should be responsible for
conducting screening activities under this chapter for schools that
do not employ a school nurse;
(2) advise the department on the age groups that would
benefit most from the screening activities under this chapter;
(3) develop a method to track the number of children
who are identified in the screening process as at risk for having or
developing Type 2 diabetes and who qualify for the national free or
reduced-price lunch program established under 42 U.S.C. Section
1751 et seq.;
(4) develop a timeline for the department to implement
the advisory council's recommended screening activities, tracking
methods, reports, and quality improvements; and
(5) contribute to the state plan for diabetes
treatment developed by the Texas Diabetes Council under Section
103.013 by providing statistics and information on the screening
activities conducted under this chapter and recommendations for
assisting children in this state at risk for developing Type 2
diabetes.
SECTION 7. (a) As early as possible after the effective
date of this Act, the executive head of the following entities shall
appoint a representative to serve on the Type 2 Diabetes Screening
Program Advisory Council created under Section 95.005, Health and
Safety Code, as added by this Act:
(1) Texas Diabetes Institute;
(2) Department of State Health Services;
(3) Texas Education Agency;
(4) Texas Medical Association;
(5) Texas Pediatric Society;
(6) American Heart Association;
(7) the institutions of higher education selected by
the Department of State Health Services for this purpose; and
(8) the schools selected by the Department of State
Health Services for this purpose.
(b) As early as possible after the effective date of this
Act, the head of the Texas Diabetes Institute shall appoint a parent
or guardian of a child in this state with Type 2 diabetes to serve on
the Type 2 Diabetes Screening Program Advisory Council created
under Section 95.005, Health and Safety Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2005.