H.B. No. 1363
 
 
 
 
AN ACT
  relating to the diabetes mellitus registry pilot program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1, Chapter 706 (H.B. 2132), Acts of the
  80th Legislature, Regular Session, 2007, is amended by amending
  Subsections (c), (d), and (e) and adding Subsections (d-1) and (g)
  to read as follows:
         (c)  The department shall select to participate in the pilot
  program a public health district that serves a county with a
  population of less than two million and contains a municipality
  with a population of over one million. The department and the
  public health district shall create an electronic registry to track
  the glycosylated hemoglobin level and the diagnosis codes of each
  person who has a laboratory test to determine that level performed
  at a clinical laboratory in the district.
         (d)  Except as provided by Subsection (d-1), a physician
  practicing in the participating public health district who, on or
  after November 1, 2009, orders a glycosylated hemoglobin test for a
  patient shall submit to the clinical laboratory the diagnosis codes
  of a patient along with the patient's sample. A clinical laboratory
  located in the participating public health district shall submit to
  the district and the department for a patient whose diagnosis codes
  were submitted with the patient's sample the results of the
  patient's [each] glycosylated hemoglobin test along with the
  diagnosis codes provided by the physician for that patient [that
  the laboratory performs].
         (d-1)  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 department and the participating public health
  district shall:
               (1)  compile results submitted under Subsection (d) of
  this section 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 [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 glycosylated hemoglobin testing; and
               (2)  promote discussion and public information
  programs regarding diabetes mellitus.
         (g)  Not later than October 1, 2009, the department shall
  develop and make available on its Internet website the form
  required under Subsection (d-1).
         SECTION 2.  Section 2, Chapter 706 (H.B. 2132), Acts of the
  80th Legislature, Regular Session, 2007, is amended to read as
  follows:
         Sec. 2.  RULES. The executive commissioner of the Health and
  Human Services Commission shall adopt rules to implement Section 1
  of this Act, including rules to govern the format and method of
  collecting glycosylated hemoglobin data and patient diagnosis
  codes.
         SECTION 3.  Section 4, Chapter 706 (H.B. 2132), Acts of the
  80th Legislature, Regular Session, 2007, is amended to read as
  follows:
         Sec. 4.  REPORT. Not later than December 1, 2010 [2009], the
  Department of State Health Services shall submit a report to the
  governor, lieutenant governor, speaker of the house of
  representatives, and appropriate standing committees of the
  legislature regarding the diabetes mellitus registry pilot program
  that includes:
               (1)  an evaluation of the effectiveness of the pilot
  program; and
               (2)  a recommendation to continue, expand, or eliminate
  the pilot program.
         SECTION 4.  Section 5, Chapter 706 (H.B. 2132), Acts of the
  80th Legislature, Regular Session, 2007, is amended to read as
  follows:
         Sec. 5.  EXPIRATION. This Act expires September 1, 2011
  [2010].
         SECTION 5.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1363 was passed by the House on April
  9, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1363 on May 18, 2009, by the following vote:  Yeas 128, Nays 14,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1363 was passed by the Senate, with
  amendments, on May 14, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor