By: Van de Putte S.B. No. 510
(Gutierrez)
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.
(2) [(1-a)] "Advisory committee" means the Type 2
Diabetes Risk Assessment Program Advisory Committee established
under Section 95.006.
(3) [(1-b)] "Council" means the Texas Diabetes
Council.
(4) [(3)] "Office" means The University of Texas-Pan
American Border Health Office.
(5) [(4)] "Professional examination" means an
evaluation performed by an appropriately licensed professional.
(6) [(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. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a public health district that serves a county that
has a population of more than 1.5 million and in which more than 75
percent of the population lives in a single municipality.
Sec. 95.053. 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) Except as provided by Subsection (d), a physician
practicing in a participating public health district who, on or
after November 1, 2011, orders a glycosylated hemoglobin test for a
patient shall submit to a clinical laboratory located in the
participating public health district the diagnosis codes of a
patient along with the patient's sample. The clinical laboratory
shall submit to the district for a patient whose diagnosis codes
were submitted with the patient's sample the results of the
patient's glycosylated hemoglobin test along with the diagnosis
codes provided by the physician for that patient.
(d) A physician who orders a glycosylated hemoglobin test
for a patient must provide the patient with a form developed by the
department that allows the patient to opt out of having the
patient's information included in the registry. If the patient
opts out by signing the form, the physician:
(1) shall keep the form in the patient's medical
records; and
(2) may not submit to the clinical laboratory the
patient's diagnosis codes along with the patient's sample.
(e) The participating public health districts 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 diabetic control for the
patients with diabetes mellitus in each demographic group;
(C) the trends of new diagnoses of diabetes
mellitus in the district; and
(D) the health care costs associated with
diabetes mellitus and glycosylated hemoglobin testing; and
(2) provide the department with de-identified
aggregate data.
(f) The department and participating public health
districts shall promote discussion and public information programs
regarding diabetes mellitus.
Sec. 95.054. CONFIDENTIALITY. Reports, records, and
information obtained under this subchapter are not public health
information under Chapter 552, Government Code, and are subject to
the confidentiality requirements described by Section 81.046.
Sec. 95.055. 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. 95.056. 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. Not later than October 1, 2011, the Department of
State Health Services shall make available on its Internet website
the form required under Subsection (d), Section 95.053, Health and
Safety Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2011.