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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a diabetes mellitus registry pilot |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DIABETES MELLITUS REGISTRY PILOT PROGRAM. (a) |
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In this section, "department" means the Department of State Health |
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Services. |
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(b) The department in coordination with a public health |
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district shall develop and implement a pilot program to create and |
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maintain a diabetes mellitus registry. |
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(c) The department shall select to participate in the pilot |
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program a public health district that serves a county with a |
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population of less than 2 million and contains a municipality with a |
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population of over one million. The department and the public |
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health district shall create an electronic registry to track the |
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glycosylated hemoglobin level of each person who has a laboratory |
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test to determine that level performed at a clinical laboratory in |
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the district. |
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(d) A clinical laboratory located in the participating |
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public health district shall submit to the district and the |
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department the results of each glycosylated hemoglobin test that |
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the laboratory performs. |
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(e) The department and the participating public health |
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district shall: |
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(1) compile results submitted under Subsection (d) in |
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order to track: |
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(A) the prevalence of diabetes mellitus among |
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people tested in the district; |
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(B) the level of control an individual patient is |
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exerting over the patient's diabetes mellitus; |
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(C) the trends of new diagnoses of diabetes |
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mellitus in the district; and |
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(D) the health care costs associated with |
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diabetes mellitus; and |
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(2) notify a patient's physician when the patient's |
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level of control indicates additional medication or treatment may |
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be required; and |
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(3) promote discussion and public information |
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programs regarding diabetes mellitus. |
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SECTION 2. RULES. The executive commissioner of the Health |
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and Human Services Commission shall adopt rules to implement |
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Section 1 of this Act, including rules to govern the format and |
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method of collecting glycosylated hemoglobin data. |
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SECTION 3. CONFIDENTIALITY. (a) Reports, records, and |
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information obtained under this Act are confidential and are not |
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subject to disclosure under Chapter 552, Government Code, are not |
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subject to subpoena, and may not otherwise be released or made |
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public except as provided by this Act. The reports, records, and |
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information obtained under this Act are for the confidential use of |
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the Department of State Health Services and the public health |
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district participating in the pilot program and the persons or |
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public or private entities that the department and district |
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determine are necessary to carry out the intent of this Act. |
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(b) Medical or epidemiological information may be released: |
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(1) as specifically provided by Section 1(e)(2) of |
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this Act; |
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(2) for statistical purposes in a manner that prevents |
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identification of individuals, health care facilities, clinical |
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laboratories, or health care practitioners; |
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(3) with the consent of each person identified in the |
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information; or |
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(4) to promote diabetes mellitus research, including |
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release of information to other diabetes registries and appropriate |
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state and federal agencies, under rules adopted by the executive |
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commissioner of the Health and Human Services Commission to ensure |
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confidentiality as required by state and federal laws. |
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(c) An employee of this state or a public health district |
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may not testify in a civil, criminal, special, or other proceeding |
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as to the existence or contents of records, reports, or information |
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concerning an individual whose medical records have been used in |
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submitting data required under this Act unless the individual |
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consents in advance. |
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(d) Data furnished to a diabetes mellitus registry or a |
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diabetes researcher under Subsection (b) of this section is for the |
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confidential use of the diabetes mellitus registry or the diabetes |
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researcher, as applicable, and is subject to Subsection (a) of this |
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section. |
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SECTION 4. REPORT. Not later than December 1, 2009, the |
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Department of State Health Services shall submit a report to the |
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governor, lieutenant governor, speaker of the house of |
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representatives, and the appropriate standing committees of the |
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legislature, regarding the diabetes mellitus pilot program that |
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includes: |
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(1) an evaluation of the effectiveness of the pilot |
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program; and |
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(2) a recommendation to continue, expand, or eliminate |
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the pilot program. |
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SECTION 5. EXPIRATION. This Act expires September 1, 2010. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |