81R1288 SJM-D By: Ellis S.B. No. 135 A BILL TO BE ENTITLED AN ACT relating to the creation and publication of cancer incidence maps by the Department of State Health Services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 82, Health and Safety Code, is amended by adding Section 82.0051 to read as follows: Sec. 82.0051. CANCER INCIDENCE MAPS. (a) The department shall collect and develop statistical data on the incidence of particular types of cancer in the state and shall plot this data on computer-generated cancer incidence maps. (b) The department shall establish and maintain a computerized mapping system for plotting the incidence of each type of cancer reported. In plotting incidences of cancer, the department shall employ a spatial filter or other statistical method to detect statistical anomalies and identify cancer clusters. The department shall plot incidences of cancer by census block, as recognized by the United States Census Bureau, except that if the board determines that plotting by this method could make it possible to identify a particular individual with cancer, the department shall aggregate census blocks to protect the individual's identity. (c) The department shall: (1) post the cancer incidence maps on its Internet website and make the maps available to the public by other means the department considers appropriate; and (2) annually update the maps. (d) The department shall submit a quarterly report to the governor, the lieutenant governor, and the speaker of the house of representatives that includes: (1) the current status of data entry into the mapping system required under Subsection (b); (2) information remaining to be gathered or entered into the mapping system; and (3) progress in using the mapping system to identify cancer clusters. SECTION 2. Section 82.007(a), Health and Safety Code, is amended to read as follows: (a) The department shall publish an annual report to the legislature of the information obtained or created under this chapter. SECTION 3. (a) Not later than the 180th day after the effective date of this Act, the department shall submit an initial report to the legislature. The department shall make a draft of the report available to the public for review and comment not later than the 30th day before the day the report is submitted to the legislature. The report must include: (1) the scientific strengths and limitations of statistical cancer incidence mapping as related to cancer recognition, prevention, cure, or control; (2) the appropriate use and publication of cancer incidence maps; and (3) the implementation of safeguards to prevent misuse of cancer incidence mapping, including: (A) collecting background data that ensures the accuracy of reported cancer diagnoses; (B) identifying the appropriate uses of the mapping; and (C) ensuring the confidentiality of all individual medical data. (b) Not later than the 90th day after the date the initial report is submitted under Subsection (a) of this section, the department shall post on its Internet website maps that show the incidences of: (1) lung cancer; and (2) breast cancer. (c) Not later than the 180th day after the date the maps are posted under Subsection (b) of this section, the department shall post on its Internet website maps that show the incidences of: (1) colorectal cancer; (2) prostate cancer; and (3) all types of cancer in the aggregate. SECTION 4. This Act takes effect September 1, 2009.