81R1288 SJM-D
 
  By: Ellis S.B. No. 135
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and publication of cancer incidence maps
  by the Department of State Health Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 82, Health and Safety Code, is amended by
  adding Section 82.0051 to read as follows:
         Sec. 82.0051.  CANCER INCIDENCE MAPS. (a) The department
  shall collect and develop statistical data on the incidence of
  particular types of cancer in the state and shall plot this data on
  computer-generated cancer incidence maps.
         (b)  The department shall establish and maintain a
  computerized mapping system for plotting the incidence of each type
  of cancer reported. In plotting incidences of cancer, the
  department shall employ a spatial filter or other statistical
  method to detect statistical anomalies and identify cancer
  clusters. The department shall plot incidences of cancer by census
  block, as recognized by the United States Census Bureau, except
  that if the board determines that plotting by this method could make
  it possible to identify a particular individual with cancer, the
  department shall aggregate census blocks to protect the
  individual's identity.
         (c)  The department shall:
               (1)  post the cancer incidence maps on its Internet
  website and make the maps available to the public by other means the
  department considers appropriate; and
               (2)  annually update the maps.
         (d)  The department shall submit a quarterly report to the
  governor, the lieutenant governor, and the speaker of the house of
  representatives that includes:
               (1)  the current status of data entry into the mapping
  system required under Subsection (b);
               (2)  information remaining to be gathered or entered
  into the mapping system; and
               (3)  progress in using the mapping system to identify
  cancer clusters.
         SECTION 2.  Section 82.007(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall publish an annual report to the
  legislature of the information obtained or created under this
  chapter.
         SECTION 3.  (a) Not later than the 180th day after the
  effective date of this Act, the department shall submit an initial
  report to the legislature. The department shall make a draft of the
  report available to the public for review and comment not later than
  the 30th day before the day the report is submitted to the
  legislature. The report must include:
               (1)  the scientific strengths and limitations of
  statistical cancer incidence mapping as related to cancer
  recognition, prevention, cure, or control;
               (2)  the appropriate use and publication of cancer
  incidence maps; and
               (3)  the implementation of safeguards to prevent misuse
  of cancer incidence mapping, including:
                     (A)  collecting background data that ensures the
  accuracy of reported cancer diagnoses;
                     (B)  identifying the appropriate uses of the
  mapping; and
                     (C)  ensuring the confidentiality of all
  individual medical data.
         (b)  Not later than the 90th day after the date the initial
  report is submitted under Subsection (a) of this section, the
  department shall post on its Internet website maps that show the
  incidences of:
               (1)  lung cancer; and
               (2)  breast cancer.
         (c)  Not later than the 180th day after the date the maps are
  posted under Subsection (b) of this section, the department shall
  post on its Internet website maps that show the incidences of:
               (1)  colorectal cancer;
               (2)  prostate cancer; and
               (3)  all types of cancer in the aggregate.
         SECTION 4.  This Act takes effect September 1, 2009.