Texas 2009 - 81st Regular

Texas Senate Bill SB1817 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2185 JSC-D
2	2	By: Van de Putte S.B. No. 1817
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a voluntary statewide diabetes mellitus registry.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 95, Health and Safety
10	10	Code, is amended to read as follows:
11	11	CHAPTER 95. [RISK ASSESSMENT FOR TYPE 2] DIABETES
12	12	SECTION 2. Chapter 95, Health and Safety Code, is amended by
13	13	designating Sections 95.001, 95.002, 95.003, 95.004, 95.005, and
14	14	95.006 as Subchapter A and adding a heading to Subchapter A to read
15	15	as follows:
16	16	SUBCHAPTER A. RISK ASSESSMENT FOR TYPE 2 DIABETES
17	17	SECTION 3. Section 95.001, Health and Safety Code, is
18	18	amended to read as follows:
19	19	Sec. 95.001. DEFINITIONS. In this subchapter [chapter]:
20	20	(1) "Acanthosis nigricans" means a light brown or
21	21	black velvety, rough, or thickened area on the surface of the skin
22	22	that may signal high insulin levels indicative of insulin
23	23	resistance.
24	24	(1-a) "Advisory committee" means the Type 2 Diabetes
25	25	Risk Assessment Program Advisory Committee established under
26	26	Section 95.006.
27	27	(1-b) "Council" means the Texas Diabetes Council.
28	28	(3) "Office" means The University of Texas-Pan
29	29	American Border Health Office.
30	30	(4) "Professional examination" means an evaluation
31	31	performed by an appropriately licensed professional.
32	32	(5) "School" means an educational institution that
33	33	admits children who are five years of age or older but younger than
34	34	21 years of age.
35	35	SECTION 4. Chapter 95, Health and Safety Code, is amended by
36	36	adding Subchapter B to read as follows:
37	37	SUBCHAPTER B. DIABETES MELLITUS REGISTRY
38	38	Sec. 95.051. DEFINITIONS. In this subchapter:
39	39	(1) "Department" means the Department of State Health
40	40	Services.
41	41	(2) "Executive commissioner" means the executive
42	42	commissioner of the Health and Human Services Commission.
43	43	(3) "Public health district" means a district created
44	44	under Chapter 121.
45	45	Sec. 95.052. DIABETES MELLITUS REGISTRY. (a) The
46	46	department, in coordination with participating public health
47	47	districts, shall create and maintain an electronic diabetes
48	48	mellitus registry to track the glycosylated hemoglobin level of
49	49	each person who has a laboratory test to determine that level
50	50	performed at a clinical laboratory in the participating district.
51	51	(b) A public health district may participate in the diabetes
52	52	mellitus registry. A public health district that participates in
53	53	the registry is solely responsible for the costs of establishing
54	54	and administering the program in that district.
55	55	(c) A clinical laboratory located in a participating public
56	56	health district shall submit to the district and the department the
57	57	results of each glycosylated hemoglobin test that the laboratory
58	58	performs.
59	59	(d) The department and participating district shall:
60	60	(1) compile results submitted under Subsection (c) in
61	61	order to track:
62	62	(A) the prevalence of diabetes mellitus among
63	63	people tested in the district;
64	64	(B) the level of control the patients in each
65	65	demographic group exert over the diabetes mellitus;
66	66	(C) the trends of new diagnoses of diabetes
67	67	mellitus in the district; and
68	68	(D) the health care costs associated with
69	69	diabetes mellitus; and
70	70	(2) promote discussion and public information
71	71	programs regarding diabetes mellitus.
72	72	Sec. 95.053. CONFIDENTIALITY. (a) Reports, records, and
73	73	information obtained under this subchapter are confidential,
74	74	privileged, not subject to disclosure under Chapter 552, Government
75	75	Code, and not subject to subpoena, and may not otherwise be released
76	76	or made public except as provided by this subchapter. The reports,
77	77	records, and information obtained under this subchapter are for the
78	78	confidential use of the department and the public health district
79	79	and the persons or public or private entities that the department
80	80	and participating district determine are necessary to carry out the
81	81	provisions of this subchapter.
82	82	(b) Medical or epidemiological information may be released:
83	83	(1) for statistical purposes in a manner that prevents
84	84	identification of individuals, health care facilities, clinical
85	85	laboratories, or health care practitioners;
86	86	(2) with the consent of each person identified in the
87	87	information; or
88	88	(3) to promote diabetes mellitus research, including
89	89	release of information to other diabetes registries and appropriate
90	90	state and federal agencies, under rules adopted by the executive
91	91	commissioner to ensure confidentiality as required by state and
92	92	federal laws.
93	93	(c) An employee of this state or a public health district
94	94	may not testify in a civil, criminal, special, or other proceeding
95	95	as to the existence or contents of reports, records, or information
96	96	concerning an individual whose medical records have been used in
97	97	submitting data required under this subchapter unless the
98	98	individual consents in advance.
99	99	(d) Reports, records, or information furnished to the
100	100	diabetes mellitus registry under this subchapter or a diabetes
101	101	researcher under Subsection (b) is for the confidential use of the
102	102	diabetes mellitus registry or the diabetes researcher, as
103	103	applicable, and is subject to Subsection (a).
104	104	Sec. 95.054. RULES. The executive commissioner shall adopt
105	105	rules to implement this subchapter, including rules to govern the
106	106	format and method of collecting glycosylated hemoglobin data.
107	107	Sec. 95.055. REPORT. Not later than December 1 of each
108	108	even-numbered year, the department shall submit to the governor,
109	109	lieutenant governor, speaker of the house of representatives, and
110	110	appropriate standing committees of the legislature a report
111	111	regarding the diabetes mellitus registry that includes an
112	112	evaluation of the effectiveness of the registry and the number of
113	113	public health districts voluntarily participating in the registry.
114	114	SECTION 5. This Act takes effect September 1, 2009.