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