S.B. No. 510

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 510 passed the Senate on
	March 17, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 510 passed the House on
	May 19, 2011, by the following vote:  Yeas 143, Nays 5, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor