S.B. No. 510
  relating to a voluntary statewide diabetes mellitus registry.
         SECTION 1.  The heading to Chapter 95, Health and Safety
  Code, is amended to read as follows:
         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:
         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
               (2) [(1-a)]  "Advisory committee" means the Type 2
  Diabetes Risk Assessment Program Advisory Committee established
  under Section 95.006.
               (3) [(1-b)]  "Council" means the Texas Diabetes
               (4) [(3)]  "Office" means The University of Texas-Pan
  American Border Health Office.
               (5) [(4)]  "Professional examination" means an
  evaluation performed by an appropriately licensed professional.
               (6) [(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:
         Sec. 95.051.  DEFINITIONS. In this subchapter:
               (1)  "Department" means the Department of State Health
               (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.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to a public health district that serves a county that
  has a population of more than 1.5 million and in which more than 75
  percent of the population lives in a single municipality.
         Sec. 95.053.  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)  Except as provided by Subsection (d), a physician
  practicing in a participating public health district who, on or
  after November 1, 2011, orders a glycosylated hemoglobin test for a
  patient shall submit to a clinical laboratory located in the
  participating public health district the diagnosis codes of a
  patient along with the patient's sample.  The clinical laboratory
  shall submit to the district for a patient whose diagnosis codes
  were submitted with the patient's sample the results of the
  patient's glycosylated hemoglobin test along with the diagnosis
  codes provided by the physician for that patient.
         (d)  A physician who orders a glycosylated hemoglobin test
  for a patient must provide the patient with a form developed by the
  department that allows the patient to opt out of having the
  patient's information included in the registry. If the patient
  opts out by signing the form, the physician:
               (1)  shall keep the form in the patient's medical
  records; and
               (2)  may not submit to the clinical laboratory the
  patient's diagnosis codes along with the patient's sample.
         (e)  The participating public health districts 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 diabetic control for the
  patients with diabetes mellitus in each demographic group;
                     (C)  the trends of new diagnoses of diabetes
  mellitus in the district; and
                     (D)  the health care costs associated with
  diabetes mellitus and glycosylated hemoglobin testing; and
               (2)  provide the department with de-identified
  aggregate data.
         (f)  The department and participating public health
  districts shall promote discussion and public information programs
  regarding diabetes mellitus.
         Sec. 95.054.  CONFIDENTIALITY. Reports, records, and
  information obtained under this subchapter are not public health
  information under Chapter 552, Government Code, and are subject to
  the confidentiality requirements described by Section 81.046.
         Sec. 95.055.  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. 95.056.  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.  Not later than October 1, 2011, the Department of
  State Health Services shall make available on its Internet website
  the form required under Subsection (d), Section 95.053, Health and
  Safety Code, as added by this Act.
         SECTION 6.  This Act takes effect September 1, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 510 passed the Senate on
  March 17, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 510 passed the House on
  May 19, 2011, by the following vote:  Yeas 143, Nays 5, one
  present not voting.
  Chief Clerk of the House