Texas 2011 - 82nd Regular

Texas Senate Bill SB510 Compare Versions

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1	1	By: Van de Putte S.B. No. 510
2	2	(Gutierrez)
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	(2) [(1-a)] "Advisory committee" means the Type 2
25	25	Diabetes Risk Assessment Program Advisory Committee established
26	26	under Section 95.006.
27	27	(3) [(1-b)] "Council" means the Texas Diabetes
28	28	Council.
29	29	(4) [(3)] "Office" means The University of Texas-Pan
30	30	American Border Health Office.
31	31	(5) [(4)] "Professional examination" means an
32	32	evaluation performed by an appropriately licensed professional.
33	33	(6) [(5)] "School" means an educational institution
34	34	that admits children who are five years of age or older but younger
35	35	than 21 years of age.
36	36	SECTION 4. Chapter 95, Health and Safety Code, is amended by
37	37	adding Subchapter B to read as follows:
38	38	SUBCHAPTER B. DIABETES MELLITUS REGISTRY
39	39	Sec. 95.051. DEFINITIONS. In this subchapter:
40	40	(1) "Department" means the Department of State Health
41	41	Services.
42	42	(2) "Executive commissioner" means the executive
43	43	commissioner of the Health and Human Services Commission.
44	44	(3) "Public health district" means a district created
45	45	under Chapter 121.
46	46	Sec. 95.052. APPLICABILITY OF SUBCHAPTER. This subchapter
47	47	applies only to a public health district that serves a county that
48	48	has a population of more than 1.5 million and in which more than 75
49	49	percent of the population lives in a single municipality.
50	50	Sec. 95.053. DIABETES MELLITUS REGISTRY. (a) The
51	51	department, in coordination with participating public health
52	52	districts, shall create and maintain an electronic diabetes
53	53	mellitus registry to track the glycosylated hemoglobin level of
54	54	each person who has a laboratory test to determine that level
55	55	performed at a clinical laboratory in the participating district.
56	56	(b) A public health district may participate in the diabetes
57	57	mellitus registry. A public health district that participates in
58	58	the registry is solely responsible for the costs of establishing
59	59	and administering the program in that district.
60	60	(c) Except as provided by Subsection (d), a physician
61	61	practicing in a participating public health district who, on or
62	62	after November 1, 2011, orders a glycosylated hemoglobin test for a
63	63	patient shall submit to a clinical laboratory located in the
64	64	participating public health district the diagnosis codes of a
65	65	patient along with the patient's sample. The clinical laboratory
66	66	shall submit to the district for a patient whose diagnosis codes
67	67	were submitted with the patient's sample the results of the
68	68	patient's glycosylated hemoglobin test along with the diagnosis
69	69	codes provided by the physician for that patient.
70	70	(d) A physician who orders a glycosylated hemoglobin test
71	71	for a patient must provide the patient with a form developed by the
72	72	department that allows the patient to opt out of having the
73	73	patient's information included in the registry. If the patient
74	74	opts out by signing the form, the physician:
75	75	(1) shall keep the form in the patient's medical
76	76	records; and
77	77	(2) may not submit to the clinical laboratory the
78	78	patient's diagnosis codes along with the patient's sample.
79	79	(e) The participating public health districts shall:
80	80	(1) compile results submitted under Subsection (c) in
81	81	order to track:
82	82	(A) the prevalence of diabetes mellitus among
83	83	people tested in the district;
84	84	(B) the level of diabetic control for the
85	85	patients with diabetes mellitus in each demographic group;
86	86	(C) the trends of new diagnoses of diabetes
87	87	mellitus in the district; and
88	88	(D) the health care costs associated with
89	89	diabetes mellitus and glycosylated hemoglobin testing; and
90	90	(2) provide the department with de-identified
91	91	aggregate data.
92	92	(f) The department and participating public health
93	93	districts shall promote discussion and public information programs
94	94	regarding diabetes mellitus.
95	95	Sec. 95.054. CONFIDENTIALITY. Reports, records, and
96	96	information obtained under this subchapter are not public health
97	97	information under Chapter 552, Government Code, and are subject to
98	98	the confidentiality requirements described by Section 81.046.
99	99	Sec. 95.055. RULES. The executive commissioner shall adopt
100	100	rules to implement this subchapter, including rules to govern the
101	101	format and method of collecting glycosylated hemoglobin data.
102	102	Sec. 95.056. REPORT. Not later than December 1 of each
103	103	even-numbered year, the department shall submit to the governor,
104	104	lieutenant governor, speaker of the house of representatives, and
105	105	appropriate standing committees of the legislature a report
106	106	regarding the diabetes mellitus registry that includes an
107	107	evaluation of the effectiveness of the registry and the number of
108	108	public health districts voluntarily participating in the registry.
109	109	SECTION 5. Not later than October 1, 2011, the Department of
110	110	State Health Services shall make available on its Internet website
111	111	the form required under Subsection (d), Section 95.053, Health and
112	112	Safety Code, as added by this Act.
113	113	SECTION 6. This Act takes effect September 1, 2011.