S.B. No. 415

	AN ACT
	relating to a risk assessment program for Type 2 diabetes and the
	creation of the Type 2 Diabetes Risk Assessment Program Advisory
	Committee.
	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 [ACANTHOSIS
	NIGRICANS SCREENING]
	SECTION 2.  Section 95.001, Health and Safety Code, is
	amended by adding Subdivisions (1-a) and (1-b) and amending
	Subdivision (3) to read as follows:
	(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 Texas-Mexico Border Health
	Coordination Office of] The University of Texas-Pan American Border
	Health Office.
	SECTION 3.  Sections 95.002, 95.003, and 95.004, Health and
	Safety Code, are amended to read as follows:
	Sec. 95.002.  TYPE 2 DIABETES [ACANTHOSIS NIGRICANS]
	EDUCATION AND RISK ASSESSMENT PROGRAM [SCREENING PROJECT].
	(a)  The office shall administer a risk assessment program for Type
	2 diabetes [an acanthosis nigricans screening program] in
	accordance with this chapter.
	(b)  The office, after reviewing recommendations made by the
	advisory committee, [executive council] by rule shall coordinate
	the risk assessment for Type 2 diabetes [screening] of individuals
	who attend public or private schools located in Texas Education
	Agency Regional Education Service Centers 1, 2, 3, 4, 10, 11, 13,
	15, 18, 19, and 20 and, by using existing funding as efficiently as
	possible or by using other available funding, in additional
	regional education service centers.
	(c)  The rules must include procedures necessary to
	administer the risk assessment program, including procedures that
	require each school to record and report risk assessment
	[screening] activities using:
	(1)  an existing database used to administer and track
	risk assessment data; or
	(2)  widely accepted surveillance software selected by
	the office.
	(d)  The office shall require a risk assessment for Type 2
	diabetes [acanthosis nigricans screening] to be performed at the
	same time hearing and vision screening is performed under Chapter
	36 or spinal screening is performed under Chapter 37. The risk
	assessment for Type 2 diabetes should:
	(1)  identify students with acanthosis nigricans; and
	(2)  further assess students identified under
	Subdivision (1) to determine the students':
	(A)  body mass index; and
	(B)  blood pressure.
	(e)  The office may:
	(1)  coordinate the risk assessment for Type 2 diabetes
	[acanthosis nigricans screening] activities of school districts,
	private schools, state agencies, volunteer organizations,
	universities, and other entities so that the efforts of each entity
	are complementary and not fragmented and duplicative; and
	(2)  [.  The office may] provide technical assistance
	to those entities in developing risk assessment [screening]
	programs.
	(f)  The office shall:
	(1)  [and may] provide educational and other material
	to assist local risk assessment [screening] activities;
	(2)  [.  (f)  The office shall] monitor the quality of
	risk assessment [screening] activities provided under this
	chapter; and
	(3)  consult with the Board of Nurse Examiners to
	determine the training requirements necessary for a nurse or other
	person to conduct risk assessment activities under this chapter.
	(g)  The office shall provide on the office's Internet
	website information on obesity, Type 2 diabetes, and related
	conditions to health care providers and update the information at
	least annually.
	Sec. 95.003.  COMPLIANCE WITH RISK ASSESSMENT [SCREENING]
	REQUIREMENTS. (a)  Each individual required by rules adopted under
	this chapter to be assessed [screened] shall undergo approved risk
	assessment [screening] for Type 2 diabetes [acanthosis nigricans].
	The individual shall comply with the requirements as soon as
	possible after the individual's admission to a school and as
	required by rule. The individual or, if the individual is a minor,
	the minor's parent, managing conservator, or guardian may
	substitute a professional examination for the risk assessment
	[screening].
	(b)  An individual is exempt from risk assessment
	[screening] if risk assessment [screening] conflicts with the
	tenets and practices of a recognized church or religious
	denomination of which the individual is an adherent or a member. To
	qualify for the exemption, the individual or, if the individual is a
	minor, the individual's parent, managing conservator, or guardian
	must submit to the chief administrator of the school on or before
	the day of the risk assessment process [screening procedure] an
	affidavit stating the objections to the risk assessment
	[screening].
	(c)  The chief administrator of each school shall ensure that
	each individual admitted to the school complies with the risk
	assessment [screening] requirements set by the office [executive
	council] or submits an affidavit of exemption.
	Sec. 95.004.  RECORDS; REPORTS. (a)  The chief
	administrator of each school shall maintain, on a form prescribed
	by the office, risk assessment [executive council, screening]
	records for each individual in attendance[,] and enter the risk
	assessment information for each individual on the surveillance
	software selected by the office.  The risk assessment [the] records
	are open for inspection by the office or the local health
	department.
	(b)  The office may, directly or through local health
	departments, enter a school and inspect records maintained by the
	school relating to risk assessment [screening] for Type 2 diabetes
	[acanthosis nigricans].
	(c)  An individual's risk assessment [screening] records may
	be transferred among schools without the consent of the individual
	or, if the individual is a minor, the minor's parent, managing
	conservator, or guardian.
	(d)  The person performing the risk assessment [screening]
	shall send a report indicating that an individual may be at risk for
	developing Type 2 diabetes [have acanthosis nigricans] to the
	individual or, if the individual is a minor, the minor's parent,
	managing conservator, or guardian. The report must include:
	(1)  an explanation of:
	(A)  the process for assessing risk for developing
	Type 2 diabetes;
	(B)  the reasons the individual was identified in
	the risk assessment process as being at risk for developing Type 2
	diabetes;
	(C)  the risk factors associated with developing
	Type 2 diabetes; and
	(D)  the individual's body mass index [acanthosis
	nigricans and related conditions];
	(2)  a statement concerning an individual's or family's
	need for further evaluation for Type 2 diabetes and related [of]
	conditions [related to acanthosis nigricans]; [and]
	(3)  instructions to help the individual or family
	receive evaluation by a physician or other health care provider;
	and
	(4)  information on procedures for applying for the
	state child health plan program and the state Medicaid program [and
	intervention by the school district].
	(e)  Each school shall submit to the office an annual report
	on the risk assessment [screening] status of the individuals in
	attendance during the reporting year and shall include in the
	report any other information required by the office.
	(f)  The report required under Subsection (e) must:
	(1)  be compiled from the information entered into the
	surveillance software;
	(2)  be on a form prescribed by the office; [executive
	council] and
	(3)  [must] be submitted according to the timetable
	established by the office's [executive council's] rules.
	(g)  After the end of the reporting period under Subsection
	(e), the office shall:
	(1)  analyze and compile a summary of the reports
	submitted by schools during that reporting period;
	(2)  file a copy of the summary with the advisory
	committee; and
	(3)  post on an Internet website accessible to each
	school required to submit a report under Subsection (e):
	(A)  the number of students and the percentage of
	the student population identified by each of those schools during
	the reporting period as at risk for Type 2 diabetes; and
	(B)  comparison data and analyses regarding the
	information required to be reported under that subsection.
	(h)  The office shall deliver to the chief administrator of
	each school and the school nurse or other person responsible for
	conducting risk assessment activities for the school under this
	chapter an annual summary compilation of the reports submitted by
	schools under Subsection (e).
	(i) [(f)]  Not later than January 15 of each odd-numbered
	year, the office shall submit to the governor and the legislature a
	report relating to [concerning] the implementation and
	effectiveness of the Type 2 diabetes risk assessment [acanthosis
	nigricans screening] program established by this chapter that
	includes a detailed description of the expenses related to the
	program.
	SECTION 4.  Chapter 95, Health and Safety Code, is amended by
	adding Sections 95.005 and 95.006 to read as follows:
	Sec. 95.005.  GIFTS AND GRANTS.  The office may accept gifts,
	grants, and donations to support the Type 2 diabetes risk
	assessment program conducted under this chapter.
	Sec. 95.006.  ADVISORY COMMITTEE.  (a)  The Type 2 Diabetes
	Risk Assessment Program Advisory Committee is established to advise
	the office on the Type 2 diabetes risk assessment program conducted
	under this chapter.
	(b)  The advisory committee is composed of:
	(1)  the following representatives appointed by the
	executive director of the office:
	(A)  one representative of the office;
	(B)  one representative of the Texas Education
	Agency;
	(C)  one representative of the Texas Pediatric
	Society;
	(D)  one representative of the American Diabetes
	Association;
	(E)  one representative who is a member of the
	board of regents of The University of Texas--Pan American;
	(F)  one school nurse representative from an urban
	school located within the boundaries of a regional education
	service center;
	(G)  one parent or guardian of a child who resides
	within the boundaries of a regional education service center; and
	(H)  one person with knowledge and experience in
	health care in school settings; and
	(2)  the following representatives appointed by the
	chairman of the council:
	(A)  one representative of the council;
	(B)  one representative of the Texas Medical
	Association;
	(C)  one school district administrator
	representative from a school district located within the boundaries
	of a regional education service center;
	(D)  one school principal representative from a
	school district located within the boundaries of a regional
	education service center; and
	(E)  one school nurse representative from a rural
	school located within the boundaries of a regional education
	service center.
	(c)  A person may not be a member of the advisory committee if
	the person is required to register as a lobbyist under Chapter 305,
	Government Code, because of the person's activities for
	compensation on behalf of a health care profession or related
	business or another profession related to the operation of the
	council.
	(d)  The representative of the office appointed under
	Subsection (b)(1)(A) shall serve as the presiding officer of the
	advisory committee.
	(e)  The advisory committee shall meet at least twice a year
	and at other times at the call of the presiding officer. The
	advisory committee may meet by teleconference if an in-person
	meeting of all the members is not practicable.
	(f)  Members of the advisory committee may not receive
	compensation for service on the committee. An advisory committee
	member is entitled to reimbursement of travel expenses incurred by
	the member while conducting the business of the advisory committee
	to the extent that funds are available to the office for that
	purpose.
	(g)  Chapter 2110, Government Code, does not apply to the
	size, composition, or duration of the advisory committee.
	(h)  The advisory committee shall:
	(1)  recommend the person who should be responsible for
	conducting risk assessment activities under this chapter for
	schools that do not employ a school nurse;
	(2)  advise the office on the age groups that would
	benefit most from the risk assessment activities under this
	chapter;
	(3)  recommend a method to record and report the number
	of children who are identified in the risk assessment process as
	being at risk for having or developing Type 2 diabetes and who
	qualify for the national free or reduced-price lunch program
	established under 42 U.S.C. Section 1751 et seq.;
	(4)  recommend a deadline, which may not be later than
	the first anniversary of the date the advisory committee submits a
	recommendation to the office under this section, by which the
	office shall implement the advisory committee's recommended risk
	assessment activities, surveillance methods, reports, and quality
	improvements;
	(5)  contribute to the state plan for diabetes
	treatment developed by the council under Section 103.013 by
	providing statistics and information on the risk assessment
	activities conducted under this chapter and recommendations for
	assisting children in this state at risk for developing Type 2
	diabetes; and
	(6)  recommend any additional information to be
	included in the report required by Section 95.004.
	(i)  The advisory committee shall submit to the office a
	report of the recommendations developed under Subsection (h) not
	later than September 1 of each even-numbered year.  The office,
	subject to the availability of funds, shall implement each advisory
	committee recommendation concerning the Type 2 diabetes risk
	assessment program.
	(j)  In this section, "regional education service center"
	means a Texas Education Agency Regional Education Service Center
	listed in Section 95.002(b).
	SECTION 5.  Subsection (h), Section 110.15, Education Code,
	is amended to read as follows:
	(h)  In conducting its activities under this section, the
	center shall consult with [the Texas-Mexico Border Health
	Coordination Office of] The University of Texas-Pan American Border
	Health Office that administers the Type 2 Diabetes risk assessment
	[an acanthosis nigricans screening] program under Chapter 95,
	Health and Safety Code.
	SECTION 6.  Subdivisions (2) and (6), Section 95.001, Health
	and Safety Code, are repealed.
	SECTION 7.  (a)  As soon as practicable after the effective
	date of this Act, the executive director of The University of
	Texas--Pan American Border Health Office shall appoint eight of the
	initial members of the Type 2 Diabetes Risk Assessment Program
	Advisory Committee in accordance with Subdivision (1), Subsection
	(b), Section 95.006, Health and Safety Code, as added by this Act.
	(b)  As soon as practicable after the effective date of this
	Act, the chairman of the Texas Diabetes Council shall appoint five
	of the initial members of the Type 2 Diabetes Risk Assessment
	Program Advisory Committee in accordance with Subdivision (2),
	Subsection (b), Section 95.006, Health and Safety Code, as added by
	this Act.
	SECTION 8.  This Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 415 passed the Senate on
	May 1, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 415 passed the House on
	May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor