81R2185 JSC-D

By: Van de Putte S.B. No. 1817

A BILL TO BE ENTITLED

AN ACT

relating to a voluntary statewide diabetes mellitus registry.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 95, Health and Safety Code, is amended to read as follows:

CHAPTER 95. [RISK ASSESSMENT FOR TYPE 2] DIABETES

SECTION 2. Chapter 95, Health and Safety Code, is amended by designating Sections 95.001, 95.002, 95.003, 95.004, 95.005, and 95.006 as Subchapter A and adding a heading to Subchapter A to read as follows:

SUBCHAPTER A. RISK ASSESSMENT FOR TYPE 2 DIABETES

SECTION 3. Section 95.001, Health and Safety Code, is amended to read as follows:

Sec. 95.001. DEFINITIONS. In this subchapter [chapter]:

(1) "Acanthosis nigricans" means a light brown or black velvety, rough, or thickened area on the surface of the skin that may signal high insulin levels indicative of insulin resistance.

(1-a) "Advisory committee" means the Type 2 Diabetes Risk Assessment Program Advisory Committee established under Section 95.006.

(1-b) "Council" means the Texas Diabetes Council.

(3) "Office" means The University of Texas-Pan American Border Health Office.

(4) "Professional examination" means an evaluation performed by an appropriately licensed professional.

(5) "School" means an educational institution that admits children who are five years of age or older but younger than 21 years of age.

SECTION 4. Chapter 95, Health and Safety Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. DIABETES MELLITUS REGISTRY

Sec. 95.051. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of State Health Services.

(2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(3) "Public health district" means a district created under Chapter 121.

Sec. 95.052. DIABETES MELLITUS REGISTRY. (a) The department, in coordination with participating public health districts, shall create and maintain an electronic diabetes mellitus registry to track the glycosylated hemoglobin level of each person who has a laboratory test to determine that level performed at a clinical laboratory in the participating district.

(b) A public health district may participate in the diabetes mellitus registry. A public health district that participates in the registry is solely responsible for the costs of establishing and administering the program in that district.

(c) A clinical laboratory located in a participating public health district shall submit to the district and the department the results of each glycosylated hemoglobin test that the laboratory performs.

(d) The department and participating district shall:

(1) compile results submitted under Subsection (c) in order to track:

(A) the prevalence of diabetes mellitus among people tested in the district;

(B) the level of control the patients in each demographic group exert over the diabetes mellitus;

(C) the trends of new diagnoses of diabetes mellitus in the district; and

(D) the health care costs associated with diabetes mellitus; and

(2) promote discussion and public information programs regarding diabetes mellitus.

Sec. 95.053. CONFIDENTIALITY. (a) Reports, records, and information obtained under this subchapter are confidential, privileged, not subject to disclosure under Chapter 552, Government Code, and not subject to subpoena, and may not otherwise be released or made public except as provided by this subchapter. The reports, records, and information obtained under this subchapter are for the confidential use of the department and the public health district and the persons or public or private entities that the department and participating district determine are necessary to carry out the provisions of this subchapter.

(b) Medical or epidemiological information may be released:

(1) for statistical purposes in a manner that prevents identification of individuals, health care facilities, clinical laboratories, or health care practitioners;

(2) with the consent of each person identified in the information; or

(3) to promote diabetes mellitus research, including release of information to other diabetes registries and appropriate state and federal agencies, under rules adopted by the executive commissioner to ensure confidentiality as required by state and federal laws.

(c) An employee of this state or a public health district may not testify in a civil, criminal, special, or other proceeding as to the existence or contents of reports, records, or information concerning an individual whose medical records have been used in submitting data required under this subchapter unless the individual consents in advance.

(d) Reports, records, or information furnished to the diabetes mellitus registry under this subchapter or a diabetes researcher under Subsection (b) is for the confidential use of the diabetes mellitus registry or the diabetes researcher, as applicable, and is subject to Subsection (a).

Sec. 95.054. RULES. The executive commissioner shall adopt rules to implement this subchapter, including rules to govern the format and method of collecting glycosylated hemoglobin data.

Sec. 95.055. REPORT. Not later than December 1 of each even-numbered year, the department shall submit to the governor, lieutenant governor, speaker of the house of representatives, and appropriate standing committees of the legislature a report regarding the diabetes mellitus registry that includes an evaluation of the effectiveness of the registry and the number of public health districts voluntarily participating in the registry.

SECTION 5. This Act takes effect September 1, 2009.