By: Pena H.B. No. 276

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, 2007.