81R2185 JSC-D
By: Van de Putte S.B. No. 1817
A BILL TO BE ENTITLED
AN ACT
relating to a voluntary statewide diabetes mellitus registry.
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
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:
SUBCHAPTER A. RISK ASSESSMENT FOR TYPE 2 DIABETES
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
resistance.
(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 University of Texas-Pan
American Border Health Office.
(4) "Professional examination" means an evaluation
performed by an appropriately licensed professional.
(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:
SUBCHAPTER B. DIABETES MELLITUS REGISTRY
Sec. 95.051. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of State Health
Services.
(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. 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) A clinical laboratory located in a participating public
health district shall submit to the district and the department the
results of each glycosylated hemoglobin test that the laboratory
performs.
(d) The department and participating district 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 control the patients 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
(2) promote discussion and public information
programs regarding diabetes mellitus.
Sec. 95.053. CONFIDENTIALITY. (a) Reports, records, and
information obtained under this subchapter are confidential,
privileged, not subject to disclosure under Chapter 552, Government
Code, and not subject to subpoena, and may not otherwise be released
or made public except as provided by this subchapter. The reports,
records, and information obtained under this subchapter are for the
confidential use of the department and the public health district
and the persons or public or private entities that the department
and participating district determine are necessary to carry out the
provisions of this subchapter.
(b) Medical or epidemiological information may be released:
(1) for statistical purposes in a manner that prevents
identification of individuals, health care facilities, clinical
laboratories, or health care practitioners;
(2) with the consent of each person identified in the
information; or
(3) to promote diabetes mellitus research, including
release of information to other diabetes registries and appropriate
state and federal agencies, under rules adopted by the executive
commissioner to ensure confidentiality as required by state and
federal laws.
(c) An employee of this state or a public health district
may not testify in a civil, criminal, special, or other proceeding
as to the existence or contents of reports, records, or information
concerning an individual whose medical records have been used in
submitting data required under this subchapter unless the
individual consents in advance.
(d) Reports, records, or information furnished to the
diabetes mellitus registry under this subchapter or a diabetes
researcher under Subsection (b) is for the confidential use of the
diabetes mellitus registry or the diabetes researcher, as
applicable, and is subject to Subsection (a).
Sec. 95.054. 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. 95.055. 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. This Act takes effect September 1, 2009.