95.002. TYPE 2 DIABETES EDUCATION AND RISK ASSESSMENT PROGRAM. (A) the process for assessing risk for developing Type 2 diabetes; …
HEALTH SAFETY CODE
CHAPTER 95 RISK ASSESSMENT FOR TYPE 2 DIABETES
Sec 95001 DEFINITIONS In this 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 95006
1-b Council means the Texas Diabetes Council
2 Repealed by Acts 2007, 80th Leg, RS, Ch 504, Sec 6,
eff September 1, 2007
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
6 Repealed by Acts 2007, 80th Leg, RS, Ch 504, Sec 6,
eff September 1, 2007
Added by Acts 2001, 77th Leg, ch 1465, Sec 1, eff Sept 1, 2001
Amended by:
Acts 2007, 80th Leg, RS, Ch 504, Sec 2, eff
September 1, 2007
Acts 2007, 80th Leg, RS, Ch 504, Sec 6, eff September 1, 2007
Sec 95002 TYPE 2 DIABETES EDUCATION AND RISK ASSESSMENT PROGRAM
a The office shall administer a risk assessment program for Type 2
diabetes in accordance with this chapter
b The office, after reviewing recommendations made by the advisory
committee, by rule shall coordinate the risk assessment for Type 2 diabetes
of individuals who attend public or private schools located in Texas
Education Agency Regional Education Service Centers 1, 2, 3, 4, 10, 11, 13,
15, 18, 19, and 20 and, by using existing funding as efficiently as
possible or by using other available funding, in additional regional
education service centers
c The rules must include procedures necessary to administer the
risk assessment program, including procedures that require each school to
record and report risk assessment activities using:
1 an existing database used to administer and track risk
assessment data; or
2 widely accepted surveillance software selected by the
office
d The office shall require a risk assessment for Type
2 diabetes to
be performed at the same time hearing and vision screening is performed
under Chapter 36 or spinal screening is performed under Chapter 37 The
risk assessment for Type 2 diabetes should:
1 identify students with acanthosis nigricans; and
2 further assess students identified under Subdivision 1 to
determine the students:
A body mass index; and
B blood pressure
e The office may:
1 coordinate the risk assessment for Type 2 diabetes
activities of school districts, private schools, state agencies, volunteer
organizations, universities, and other entities so that the efforts of each
entity are complementary and not fragmented and duplicative; and
2 provide technical assistance to those entities in
developing risk assessment programs
f The office shall:
1 provide educational and other material to assist local risk
assessment activities;
2 monitor the quality of risk assessment activities provided
under this chapter; and
3 consult with the Board of Nurse Examiners to determine the
training requirements
necessary for a nurse or other person to conduct risk
assessment activities under this chapter
g The office shall provide on the offices Internet website
information on obesity, Type 2 diabetes, and related conditions to health
care providers and update the information at least annually
Added by Acts 2001, 77th Leg, ch 1465, Sec 1, eff Sept 1, 2001
Amended by Acts 2003, 78th Leg, ch 1125, Sec 1, eff Sept 1, 2003
Amended by:
Acts 2007, 80th Leg, RS, Ch 504, Sec 3, eff September 1, 2007
Sec 95003 COMPLIANCE WITH RISK ASSESSMENT REQUIREMENTS a Each
individual required by rules adopted under this chapter to be assessed
shall undergo approved risk assessment for Type 2 diabetes The individual
shall comply with the requirements as soon as possible after the
individuals admission to a school and as required by rule The individual
or, if the individual is a minor, the minors parent, managing conservator,
or guardian may substitute a professional examination for the risk
assessment
b An individual is exempt from risk assessment if risk assessment
conflicts with the tenets and practices of a recognized church
or religious
denomination of which the individual is an adherent or a member To
qualify for the exemption, the individual or, if the individual is a minor,
the individuals parent, managing conservator, or guardian must submit to
the chief administrator of the school on or before the day of the risk
assessment process an affidavit stating the objections to the risk
assessment
c The chief administrator of each school shall ensure that each
individual admitted to the school complies with the risk assessment
requirements set by the office or submits an affidavit of exemption
Added by Acts 2001, 77th Leg, ch 1465, Sec 1, eff Sept 1, 2001
Amended by:
Acts 2007, 80th Leg, RS, Ch 504, Sec 3, eff September 1, 2007
Sec 95004 RECORDS; REPORTS a The chief administrator of each
school shall maintain, on a form prescribed by the office, risk assessment
records for each individual in attendance and enter the risk assessment
information for each individual on the surveillance software selected by
the office The risk assessment records are open for inspection by the
office or the local health department
b The
office may, directly or through local health departments,
enter a school and inspect records maintained by the school relating to
risk assessment for Type 2 diabetes
c An individuals risk assessment records may be transferred among
schools without the consent of the individual or, if the individual is a
minor, the minors parent, managing conservator, or guardian
d The person performing the risk assessment shall send a report
indicating that an individual may be at risk for developing Type 2 diabetes
to the individual or, if the individual is a minor, the minors parent,
managing conservator, or guardian The report must include:
1 an explanation of:
A the process for assessing risk for developing Type 2
diabetes;
B the reasons the individual was identified in the risk
assessment process as being at risk for developing Type 2 diabetes;
C the risk factors associated with developing Type 2
diabetes; and
D the individuals body mass index;
2 a statement concerning an individuals or familys need for
further evaluation for Type 2 diabetes and related
conditions;
3 instructions to help the individual or family receive
evaluation by a physician or other health care provider; and
4 information on procedures for applying for the state child
health plan program and the state Medicaid program
e Each school shall submit to the office an annual report on the
risk assessment status of the individuals in attendance during the
reporting year and shall include in the report any other information
required by the office
f The report required under Subsection e must:
1 be compiled from the information entered into the
surveillance software;
2 be on a form prescribed by the office; and
3 be submitted according to the timetable established by the
offices rules
g After the end of the reporting period under Subsection e, the
office shall:
1 analyze and compile a summary of the reports submitted by
schools during that reporting period;
2 file a copy of the summary with the advisory committee; and
3 post on an Internet website accessible to each school
required to submit a report under
Subsection e:
A the number of students and the percentage of the
student population identified by each of those schools during the reporting
period as at risk for Type 2 diabetes; and
B comparison data and analyses regarding the information
required to be reported under that subsection
h The office shall deliver to the chief administrator of each
school and the school nurse or other person responsible for conducting risk
assessment activities for the school under this chapter an annual summary
compilation of the reports submitted by schools under Subsection e
i Not later than January 15 of each odd-numbered year, the office
shall submit to the governor and the legislature a report relating to the
implementation and effectiveness of the Type 2 diabetes risk assessment
program established by this chapter that includes a detailed description of
the expenses related to the program
Added by Acts 2001, 77th Leg, ch 1465, Sec 1, eff Sept 1, 2001
Amended by:
Acts 2007, 80th Leg, RS, Ch 504, Sec 3, eff September 1, 2007
Sec 95005 GIFTS AND GRANTS The office may accept gifts, grants,
and donations to
support the Type 2 diabetes risk assessment program
conducted under this chapter
Added by Acts 2007, 80th Leg, RS, Ch 504, Sec 4, eff September 1,
2007
Sec 95006 ADVISORY COMMITTEE a The Type 2 Diabetes Risk
Assessment Program Advisory Committee is established to advise the office
on the Type 2 diabetes risk assessment program conducted under this
chapter
b The advisory committee is composed of:
1 the following representatives appointed by the executive
director of the office:
A one representative of the office;
B one representative of the Texas Education Agency;
C one representative of the Texas Pediatric Society;
D one representative of the American Diabetes
Association;
E one representative who is a member of the board of
regents of The University of Texas–Pan American;
F one school nurse representative from an urban school
located within the boundaries of a regional education service center;
G one parent or guardian of a child who resides within
the boundaries of a regional
education service center; and
H one person with knowledge and experience in health
care in school settings; and
2 the following representatives appointed by the chairman of
the council:
A one representative of the council;
B one representative of the Texas Medical Association;
C one school district administrator representative from
a school district located within the boundaries of a regional education
service center;
D one school principal representative from a school
district located within the boundaries of a regional education service
center; and
E one school nurse representative from a rural school
located within the boundaries of a regional education service center
c A person may not be a member of the advisory committee if the
person is required to register as a lobbyist under Chapter 305, Government
Code, because of the persons activities for compensation on behalf of a
health care profession or related business or another profession related to
the operation of the council
d The representative of the
office appointed under Subsection
b1A shall serve as the presiding officer of the advisory committee
e The advisory committee shall meet at least twice a year and at
other times at the call of the presiding officer The advisory committee
may meet by teleconference if an in-person meeting of all the members is
not practicable
f Members of the advisory committee may not receive compensation
for service on the committee An advisory committee member is entitled to
reimbursement of travel expenses incurred by the member while conducting
the business of the advisory committee to the extent that funds are
available to the office for that purpose
g Chapter 2110, Government Code, does not apply to the size,
composition, or duration of the advisory committee
h The advisory committee shall:
1 recommend the person who should be responsible for
conducting risk assessment activities under this chapter for schools that
do not employ a school nurse;
2 advise the office on the age groups that would benefit most
from the risk assessment activities under this chapter;
3 recommend a
method to record and report the number of
children who are identified in the risk assessment process as being at risk
for having or developing Type 2 diabetes and who qualify for the national
free or reduced-price lunch program established under 42 USC Section
1751 et seq;
4 recommend a deadline, which may not be later than the first
anniversary of the date the advisory committee submits a recommendation to
the office under this section, by which the office shall implement the
advisory committees recommended risk assessment activities, surveillance
methods, reports, and quality improvements;
5 contribute to the state plan for diabetes treatment
developed by the council under Section 103013 by providing statistics and
information on the risk assessment activities conducted under this chapter
and recommendations for assisting children in this state at risk for
developing Type 2 diabetes; and
6 recommend any additional information to be included in the
report required by Section 95004
i The advisory committee shall submit to the office a report of the
recommendations developed under Subsection h
not later than September 1
of each even-numbered year The office, subject to the availability of
funds, shall implement each advisory committee recommendation concerning
the Type 2 diabetes risk assessment program
j In this section, regional education service center means a
Texas Education Agency Regional Education Service Center listed in Section
95002b
Added by Acts 2007, 80th Leg, RS, Ch 504, Sec 4, eff September 1,
2007
Source:e-mbainc.com
