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A BILL TO BE ENTITLED
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AN ACT
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relating to a voluntary statewide diabetes mellitus registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 95, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 95. [RISK ASSESSMENT FOR TYPE 2] DIABETES |
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SECTION 2. Chapter 95, Health and Safety Code, is amended by |
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designating Sections 95.001, 95.002, 95.003, 95.004, 95.005, and |
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95.006 as Subchapter A and adding a heading to Subchapter A to read |
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as follows: |
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SUBCHAPTER A. RISK ASSESSMENT FOR TYPE 2 DIABETES |
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SECTION 3. Section 95.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 95.001. DEFINITIONS. In this subchapter [chapter]: |
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(1) "Acanthosis nigricans" means a light brown or |
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black velvety, rough, or thickened area on the surface of the skin |
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that may signal high insulin levels indicative of insulin |
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resistance. |
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(1-a) "Advisory committee" means the Type 2 Diabetes |
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Risk Assessment Program Advisory Committee established under |
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Section 95.006. |
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(1-b) "Council" means the Texas Diabetes Council. |
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(3) "Office" means The University of Texas-Pan |
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American Border Health Office. |
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(4) "Professional examination" means an evaluation |
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performed by an appropriately licensed professional. |
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(5) "School" means an educational institution that |
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admits children who are five years of age or older but younger than |
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21 years of age. |
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SECTION 4. Chapter 95, Health and Safety Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. DIABETES MELLITUS REGISTRY |
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Sec. 95.051. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Public health district" means a district created |
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under Chapter 121. |
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Sec. 95.052. DIABETES MELLITUS REGISTRY. (a) The |
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department, in coordination with participating public health |
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districts, shall create and maintain an electronic diabetes |
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mellitus registry to track the glycosylated hemoglobin level of |
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each person who has a laboratory test to determine that level |
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performed at a clinical laboratory in the participating district. |
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(b) A public health district may participate in the diabetes |
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mellitus registry. A public health district that participates in |
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the registry is solely responsible for the costs of establishing |
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and administering the program in that district. |
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(c) A clinical laboratory located in a participating public |
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health district shall submit to the district and the department the |
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results of each glycosylated hemoglobin test that the laboratory |
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performs. |
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(d) The department and participating district shall: |
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(1) compile results submitted under Subsection (c) 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 the patients in each |
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demographic group exert over the 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) promote discussion and public information |
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programs regarding diabetes mellitus. |
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Sec. 95.053. CONFIDENTIALITY. (a) Reports, records, and |
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information obtained under this subchapter are confidential, |
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privileged, not subject to disclosure under Chapter 552, Government |
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Code, and not subject to subpoena, and may not otherwise be released |
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or made public except as provided by this subchapter. The reports, |
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records, and information obtained under this subchapter are for the |
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confidential use of the department and the public health district |
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and the persons or public or private entities that the department |
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and participating district determine are necessary to carry out the |
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provisions of this subchapter. |
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(b) Medical or epidemiological information may be released: |
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(1) 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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(2) with the consent of each person identified in the |
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information; or |
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(3) 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 to ensure confidentiality as required by state and |
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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 reports, records, 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 subchapter unless the |
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individual consents in advance. |
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(d) Reports, records, or information furnished to the |
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diabetes mellitus registry under this subchapter or a diabetes |
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researcher under Subsection (b) is for the confidential use of the |
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diabetes mellitus registry or the diabetes researcher, as |
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applicable, and is subject to Subsection (a). |
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Sec. 95.054. RULES. The executive commissioner shall adopt |
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rules to implement this subchapter, including rules to govern the |
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format and method of collecting glycosylated hemoglobin data. |
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Sec. 95.055. REPORT. Not later than December 1 of each |
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even-numbered year, the department shall submit to the governor, |
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lieutenant governor, speaker of the house of representatives, and |
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appropriate standing committees of the legislature a report |
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regarding the diabetes mellitus registry that includes an |
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evaluation of the effectiveness of the registry and the number of |
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public health districts voluntarily participating in the registry. |
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SECTION 5. This Act takes effect September 1, 2009. |