2005 Texas Health & Safety Code CHAPTER 95. ACANTHOSIS NIGRICANS SCREENING

HEALTH & SAFETY CODE

CHAPTER 95. ACANTHOSIS NIGRICANS SCREENING


	§ 95.001. 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.
		(2)  "Executive council" means the executive council 
advising the Texas-Mexico Border Health Coordination Office of The 
University of Texas-Pan American.
		(3)  "Office" means the Texas-Mexico Border Health 
Coordination Office of The University of Texas-Pan American.
		(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)  "Screening test" means a rapid analytical 
procedure used to recommend appropriate measures or to determine 
the need for further evaluation.  The term does not include the 
removal or partial removal of clothing.

Added by Acts 2001, 77th Leg., ch. 1465, § 1, eff. Sept. 1, 2001.          


	§ 95.002. ACANTHOSIS NIGRICANS EDUCATION AND SCREENING 
PROJECT.  (a) The office shall administer an acanthosis nigricans 
screening program in accordance with this chapter.
	(b)  The executive council by rule shall coordinate 
screening 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.
	(c)  The rules must include procedures necessary to 
administer screening activities.
	(d)  The office shall require acanthosis nigricans screening 
to be performed at the same time hearing and vision screening is 
performed under Chapter 36 or spinal screening is performed under 
Chapter 37.
	(e)  The office may 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 and 
duplicative.  The office may provide technical assistance to those 
entities in developing screening programs and may provide 
educational and other material to assist local screening 
activities.
	(f)  The office shall monitor the quality of screening 
activities provided under this chapter.

Added by Acts 2001, 77th Leg., ch. 1465, § 1, eff. Sept. 1, 2001.  
Amended by Acts 2003, 78th Leg., ch. 1125, § 1, eff. Sept. 1, 
2003.


	§ 95.003. COMPLIANCE WITH SCREENING REQUIREMENTS.  (a) 
Each individual required by rules adopted under this chapter to be 
screened shall undergo approved screening for acanthosis 
nigricans.  The individual shall comply with the requirements as 
soon as possible after the individual's admission to a school and as 
required by rule.  The individual or, if the individual is a minor, 
the minor's parent, managing conservator, or guardian may 
substitute a professional examination for the screening.
	(b)  An individual is exempt from screening if screening 
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 individual's parent, managing 
conservator, or guardian must submit to the chief administrator of 
the school on or before the day of the screening procedure an 
affidavit stating the objections to the screening.
	(c)  The chief administrator of each school shall ensure that 
each individual admitted to the school complies with the screening 
requirements set by the executive council or submits an affidavit 
of exemption.

Added by Acts 2001, 77th Leg., ch. 1465, § 1, eff. Sept. 1, 2001.          


	§ 95.004. RECORDS;  REPORTS.  (a) The chief administrator 
of each school shall maintain, on a form prescribed by the executive 
council, screening records for each individual in attendance, and 
the 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 screening for acanthosis nigricans.
	(c)  An individual's screening records may be transferred 
among schools without the consent of the individual or, if the 
individual is a minor, the minor's parent, managing conservator, or 
guardian.
	(d)  The person performing the screening shall send a report 
indicating that an individual may have acanthosis nigricans to the 
individual or, if the individual is a minor, the minor's parent, 
managing conservator, or guardian.  The report must include:
		(1)  an explanation of acanthosis nigricans and related 
conditions;         
		(2)  a statement concerning an individual's or family's 
need for further evaluation of conditions related to acanthosis 
nigricans;  and
		(3)  instructions to help the individual or family 
receive evaluation and intervention by the school district.
	(e)  Each school shall submit to the office an annual report 
on the screening status of the individuals in attendance during the 
reporting year and shall include in the report any other 
information required by the office.  The report must be on a form 
prescribed by the executive council and must be submitted according 
to the executive council's rules.
	(f)  Not later than January 15 of each odd-numbered year, the 
office shall submit to the governor and the legislature a report 
concerning the effectiveness of the acanthosis nigricans screening 
program established by this chapter.

Added by Acts 2001, 77th Leg., ch. 1465, § 1, eff. Sept. 1, 2001.