HBA-JEK H.B. 2945 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2945
By: Capelo
Public Health
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Acanthosis nigricans is a light brown or black velvety, rough, or thickened
area on the surface of the skin that may signal high insulin levels and a
risk of developing diabetes.  The American Diabetes Association reports
that acanthosis nigricans is present in as many as 90 percent of children
with type 2 diabetes, and that the incidence of type 2 diabetes in children
and adolescents may be increasing.  Acanthosis nigricans screening may lead
to the early detection of diabetes, which could lead to better lifestyle
changes that allow children with diabetes to better manage their disease.
House Bill 2945 requires annual acanthosis nigricans screening for
individuals who attend public or private schools. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Sections 50.002, 50.003, and 50.004, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 2945 amends the Health and Safety Code to require the Texas
Board of Health (board) by rule to require annual acanthosis nigricans
screening for  individuals who attend public or private schools at the same
time hearing and vision screening is performed.  The bill provides that the
rules must include procedures necessary to administer screening activities,
and authorizes the board to consider the number of individuals to be
screened and the availability of personnel qualified to administer the
required screening.  
H.B. 2945 authorizes the Texas Department of Health (TDH) to coordinate the
acanthosis nigricans screening activities of school districts, private
schools, state agencies, volunteer organizations, and other entities so
that the efforts of each entity are complementary and not fragmented or
duplicative.  The bill authorizes TDH to provide technical assistance,
educational material, and other material to such entities to assist local
screening activities.  The bill requires TDH to monitor the quality of
acanthosis nigricans screening activities. 

The bill requires an individual required by board rule to be screened to
undergo screening as soon as possible after the individual's admission to a
school, and annually as required by board rule.  The bill authorizes an
individual or, if the individual is a minor, the minor's parent, managing
conservator, or guardian (guardian) to substitute a professional
examination for the screening.  The bill provides that an individual is
exempt from acanthosis nigricans screening if it conflicts with the tenets
and practices of a recognized church or religious denomination of which the
individual is an adherent or a member.  The bill requires the chief
administrator of each school to ensure that each individual admitted to the
school complies with the screening requirements or submits an affidavit of
exemption. 

H.B. 2945 requires the chief administrator of each school to maintain
screening records for each individual in attendance, and specifies that the
records are open for inspection by TDH or the local health department. The
bill authorizes an individual's screening records to be transferred among
schools without the consent of the individual or the individual's guardian.
 
The bill requires the person performing the screening to send a report to
the individual or the individual's guardian indicating that an individual
may have acanthosis nigricans, and provides that the report must include an
explanation of acanthosis nigricans and its related conditions, a statement
concerning an individual's or family's access to financial or medical
assistance for evaluation and treatment of conditions related to acanthosis
nigricans, and instructions to help the individual or family receive
evaluation and treatment. 

H.B. 2945 requires each school to submit to TDH an annual report on the
screening status of the individuals in attendance during the reporting
year, and provides that the report must be on a form prescribed by TDH and
submitted according to the board's rules. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The screening required by this Act shall be
conducted beginning with the 2001-2002 school year.