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Diabetes State Enacted Laws 2007 2012

 

Overview: State Diabetes Laws 2007-2012

Updated: October 2012; material added June 2013

Legislation Table of Contents


Approximately 26 million Americans have diabetes, about 8.3 percent of the US population.  It is the seventh leading cause of death in the United States and can lead to painful and costly health complications including nervous system damage, heart disease, stroke, blindness, and kidney disease.  According to the Centers for Disease Control and Prevention (CDC), in 2007, the medical costs associated with diabetes were $116 billion and the indirect costs (disability, work loss, premature mortality) were $58 billion. State legislatures throughout the country are actively exploring policy options to deal with this growing problem.

Many state legislatures considered diabetes related legislation in the 2007, 2008, 2009 and 2010 sessions.  The introduced legislation mainly focused on the areas of research, public education, diabetes prevention and management.  Below are a number of tables that provide examples of various diabetes legislative options enacted in 2007-2012.  Also appended are initial examples frmo 2013.

Enacted Legislation 2011-2012     |     Enacted Legislation 2013

Highlights

  • 18 States
  • 41 Bills
Themes
  • Appropriations
  • Celebratory Resolutions
  • Drug Administration
  • Truth in Advertising
  • Diabetes Educators
  • Scope of Practice
  • Prescriptive Authority
Alabama
  • AL HJR 197 (Morrow – D); Chaptered 2012-135, “Commendation Resolution”her time to a local girls basketball tournament, the G.A. Mills Pancake Breakfast to raise money for scholarships at Red Bay and Vina, a children's clothing project, a program that provided eyeglasses to those in need, a children's diabetes program, and preparation of food baskets for the needy at Christmas;”
  • AL HJR 267 (McClendon – R); Chaptered 2012-157, “Recognition Resolution”“dicileter of blood and a simple blood test can diagnose testosterone deficiency; and WHEREAS, men, over the age of 45, with common health problems such as obesity, diabetes, and high blood pressure may be twice as likely as other men their age to have low testosterone;”
Georgia
  • GA H 879 (Ramsey, M.- R) (coauthors: Cooper (R), Coleman (R), Sheldon (R), Lindsey (R), Ramsey, M. (R) and Watson (R)); Chaptered 581, “Elementary and Secondary Education”To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes......." 
Iowa
  • IA S 2247 [and companion IA H 2344], (Senate Human Resources Committee); signed by Governor 3/22/2012, “Terms Mental Retardation and Mentally Retarded”“ 2. For the purpose of this chapter, advertising is false if it represents a drug, device, or cosmetic to have any effect in the diagnosis, prevention, or treatment of arthritis, blood disorders, bone or joint diseases, kidney diseases or disorders, cancer, diabetes, gall bladder disease or disorders, heart and vascular disease, high blood pressure, diseases or disorders of the ear, mental disease or  mental retardation   an intellectual disability  , degenerative neurological diseases, paralysis, prostate gland”
Kansas
  • KS S 397 (Senate Ways and Means Committee); signed by Governor 4/6/2012, “Mental Retardation Definition”“The term "physical or mental impairment" includes, but is not limited to,such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,  mental retardation  intellectual disability  and emotional illness.”
Kentucky
  • KY H 282 (Richards (D), Miller (D), Riggs (D), Stone (D) and Short (D)); Chaptered 73, “Home Medical Equipment and Services” syndrome (AIDS), angina pectoris, ascites, chemical dependency cirrhosis of the liver, coronary insufficiency, coronary occlusion, cystic fibrosis, Friedreich's ataxia, hemophilia, Hodgkin's disease, Huntington chorea, juvenile diabetes, leukemia, metastatic cancer, motor or sensory aphasia, multiple sclerosis, muscular dystrophy, myasthenia gravis, myotonia, open heart surgery, Parkinson's disease, polycystic kidney, psychotic disorders, quadriplegia, stroke, syringomyelia, and Wilson's disease;
  • KY H 69 (Belcher Li (D), Wuchner (R), Dossett (R), Tilley (D), Overly (D) and Nemes (D); Chaptered 45, “Early Education Assessment “extent that specially designed instruction is required for the pupil to benefit from education. Chronic health problems may include, but are not be limited to, a heart condition, tuberculosis, sickle cell anemia, hemophilia, epilepsy, rheumatic fever, nephritis, asthma, lead poisoning, leukemia, diabetes, attention deficit disorder, attention deficit hyperactive disorder, or acquired immune deficiency syndrome;”
  • KY S 198 (Kerr, A. (R)); Chaptered 142, “Diabetes Educators” Section 1. KRS 309.325 is amended to read as follows: As used in KRS 309.325 to 309.339, unless the context requires otherwise: "Board" means the Kentucky Board of Licensed Diabetes Educators; "Diabetes education" means a  comprehensive  collaborative process through which people with or at risk for diabetes gain the knowledge and skills needed to modify behavior and successfully self-manage the disease and its related conditions;  and  "Licensed diabetes educator" means a health care professional who has met the requirements of KRS 309.335, 309.337, and 309.339 and who focuses on training or educating people with or at risk for diabetes and related conditions to change their behavior to achieve better clinical outcomes and improved health status  . The nondiabetes educator health professional and the nonhealth-care professional who provide or support health care services to......."
  • KY H 265 (Rand (D), Adkins (D), Clark, L. (D), Damron (D), Thompson (D) and Stumbo (D); Chaptered 144, “State Appropriations and Revenue Measures” for Licensed Diabetes Educators: 2012-2013 $1,000 and 2013-2014 $1,000
  • KY H 550 (Stumbo (D) and Riner (D)); Chaptered 162, “Nutrition” “WHEREAS, the General Assembly finds the public interest to be advanced and the health of the people of the Commonwealth to be enhanced if individuals at risk for obesity, high blood pressure, high cholesterol, asthma, certain cancers, coronary heart disease, stroke, and type 2 diabetes adopt healthier lifestyles;”
Maryland
  • MD H 9 (Howard – D); Chaptered 347, “Student Health” Adequate school health services;      (2) Instruction in health education, including INFORMATION CONCERNING:  (I) DIABETES AND ITS TREATMENT AND PREVENTION; AND  (II) the THE importance of physical activity in maintaining good health, INCLUDING THWARTING AND CONTROLLING DIABETES; and  (2) Instruction in health education, including the importance of physical activity in maintaining good health; and  (3) A healthful school environment. SECTION   DURING THE COMAR CERTIFICATION PROCESS.  7-411.1 (A)  The State Board shall encourage the county boards to incorporate age-appropriate lessons on dating violence  AND DIABETES AND ITSTREATMENT AND PREVENTION into the county boards' health education curriculum. (B) 
Maine
  • ME S 640 (McCormick – R); Chaptered 542, “Disabilities Council and Respectful Language”
Michigan
  • MI S 683 (Kahn – R); Chaptered 64, “Supplemental Appropriations”
        program .....
Chronic disease control and health     213,300
promotion administration .....
Diabetes and kidney program .....      61,000
Public health traffic safety                   6,300
coordination .....
Smoking prevention program .....       59,900
 
Minnesota
  • MN S 2060 (Limmer – R); Chaptered 187, “Legislative Enactments" (b) Promote personal responsibility and encourage and reward healthy outcomes. This project provides Medicaid funding to provide individual and group incentives to encourage healthy behavior, prevent the onset of chronic disease, and reward healthy outcomes. Focus areas may include diabetes prevention and management, tobacco cessation, reducing weight, lowering cholesterol, and lowering blood pressure.
  • MN S 1675 (Benson, Mic – R); Chaptered, 216 “Human Services Revisions” (3) drugs  or active pharmaceutical ingredients  used for weight loss, except that medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
Mississippi
  • MS H 540 (Barker – R); Enacted—signed by Governor 4/24/2012, “School Property and Facilities” Overweight and obese children experience the same risk factors that are associated with heart disease in adults, including high blood pressure, high cholesterol levels and Type 2 diabetes, once referred to as adult-onset diabetes;
     (ii) Every year, an estimated three hundred thousand (300,000) people in America die because of diseases caused by being overweight and obese.......
Missouri  [NEW]
  • MO H 675 (Grisamore) Enacted—signed by Governor 7/3/2013;  Establishes Cade's Law, requires the training of school employees in the care needed for students with diabetes, and establishes curriculum and certification requirements for school resource officers.
Nebraska
  • NE L 968 (Flood –NP); Enacted—signed by Governor 4/2/2012, “Appropriations”The Department of Health and Human Services shall distribute the funds on a per capita basis for the purpose of implementing a minority health initiative which may target, but shall not be limited to, infant mortality, cardiovascular disease, obesity, diabetes, and asthma........
  • NE L 751 (Fischer – NP); Enacted—signed by Governor 4/6/2012, “Motor Carrier Laws and Ignition Interlocks” section  or who certifies that he or she is exempt from 49 C.F.R. part 391 under subsection (3) of this section  shall answer the following questions on the application: (a) Have you within the last three months (e.g. due to diabetes, epilepsy, mental illness, head injury, stroke, heart condition, neurological disease, etc.):
  • NE L 782 (McCoy – NP); Enacted—signed by Governor 4/5/2012, “Legislative Report Submitting” shall implement a minority health initiative in counties with a minority population of at least five percent of the total population of the county as determined by the most recent federal decennial census which shall target, but not be limited to, infant mortality, cardiovascular disease, obesity, diabetes, and asthma........
New York
  • NY A 9053 (Office of the Governor); Chaptered 53, “Aid to Localities Budget” of 2011, for the purpose of establishing rates of payments, contracts or any other form of reimbursement, for providers of the following services, as determined by the commissioner of the department of health: obesity prevention and diabetes programs, nutritional services to pregnant women, infants and children, hunger prevention and nutrition assistance program, Indian health, asthma, prenatal care assistance program, rape crisis, comprehensive adolescent pregnancy prevention, family planning, school health, childhood lead poisoning.......
Ohio
  • OH S 83 (Oeslager –R); Chaptered 85, “Advanced Practice Nurses to Prescribe” The  clinical nurse specialist, certified nurse-midwife, or certified  nurse  practitioner  shall personally furnish only antibiotics, antifungals, scabicides, contraceptives, prenatal vitamins, antihypertensives, drugs and devices used in the treatment of diabetes, drugs and devices used in the treatment of asthma, and drugs used in the treatment of dyslipidemia...
Tennessee
  • TN SJR 524 (Ketron – R); Enacted—signed by Governor 2/6/2012, “Achievement Resolution” WHEREAS, in addition to its core prescription and compounding business, the company is delivering infusion products and services throughout Middle Tennessee, providing respiratory and medical equipment and specialized diabetes products, and serving the needs of long-term care centers across the state;
  • TN SJR 603 (Ramsey, Ro – R); Enacted—signed by Governor 3/6/2012, “Achievement Resolution” of worthy organizations and non- profits, including Muscular Dystrophy, Boy Scouts of America, United Way, Big Brothers/Big Sisters, American Cancer Society, East Tennessee Children's Hospital, Santa Pals, YWCA, Boys and Girls Clubs, and American Diabetes Association; and......
  • TN HJR 836 (McDonald – D); Enacted—signed by Governor 4/5/2012, “Recognition Resolution” He notes that the most significant change is the advent of lasers, not only for corrections to the eye itself but also in the treatment of retinal problems and hemorrhaging problems so common among persons with diabetes;
  • TN HJR 1059 (Faison – R); Enacted—signed by Governor 5/1/2012, “Recognition Resolution” WHEREAS, his many professional accomplishments aside, James Overholt is most grateful for the love and support he shares with his wife, Jill H. Overholt, who renders sterling service as a registered Dietitian and Certified Diabetes Educator;
  • TN HJR 890 (Turner, M. – D); Enacted—signed by Governor 5/1/2012, “Public Service Resolution” Representative Moore has capably served as secretary of the State and Local Government Committee and a member of the Calendar and Rules Committee, the Elections Subcommittee, the Employee Affairs Subcommittee, the Joint Committee on Diabetes Prevention and the Joint Charitable Gaming Committee.......
  • TN HJR 1171 (Hardaway – D); Enacted—signed by Governor 5/2/2012, “Achievement Resolution” WHEREAS, strongly committed to community and public service, Ms. Jamerson has endeavored to serve her fellow citizens through her participation in the American Cancer Society Breast Cancer Walk, American Diabetes Association: Step Out for the Cure Walk, Toys for Tots, March of Dimes, Vision Walk, MLK, Jr., March, and Memphis's Catholic's Education that Works Out 5k Run/Walk; she also volunteered at an Easter Egg Hunt and Girls, Inc.,
  • TN SJR 858 (Ramsey, Ro – R); Enacted—signed by Governor 5/1/2012, “Public Service Resolution” WHEREAS, a firm believer in the importance of community service, Senator Roberts has dedicated his time and energies to a number of civic organizations, including the American Diabetes Association Tour de Cure, the MS Society, the Downtown Rotary of Nashville, the SJR0858 Robertson County Chamber of Commerce, the Hendersonville Area Chamber of Commerce, the Gallatin Chamber of Commerce, the White House Chamber of Commerce.....
  • TN SJR 911 (Johnson, J. – R); Enacted—signed by Governor 5/1/2-12, “Retirement Resolution” School of Nursing, Susan R. Cooper came to work for the great state of Tennessee in 2005 as a special health policy advisor charged with the development of the Health Care Safety Net and innovative programs to address the threats of Type II diabetes facing the residents of
Utah
  • UT H 144 (Dunnigan – R); Chaptered 279, “Healthcare Reform” agreed upon measures of quality identified in accordance with Subsection (7), for: (i) routine and preventive care; and (ii) the treatment of diabetes, heart disease, and other illnesses or conditions.
Virginia
  • VA H 715 (Kilgore – R); Chaptered 60, “Department of Human Resource Management” 8. Include coverage for equipment, supplies and outpatient self-management training and education, including medical nutrition therapy, for the treatment of insulin-dependent diabetes, insulin-using diabetes, gestational diabetes and noninsulin-using diabetes if prescribed by a healthcare professional legally authorized to prescribe such items under law. To qualify for coverage under this subdivision, diabetes outpatient self-management training and education shall be provided by a certified, registered or licensed health care professional......
  • VA S 415 (Blevins – R)[VA H 885 (Hodges – R), Chaptered 178 and VA H 346 (O’Bannon – R), Chaptered 213]; Chaptered 117, “Nursing Licensure Exemption” in the administration of insulin and glucagon, when, upon the authorization of a prescriber and the written request of the parents as defined in Section 22.1-1, assisting with the administration of insulin or administrating glucagon to a student diagnosed as having diabetes and who requires insulin injections during the school day or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia.......
  • VA S 499 (Watkins – R); Chaptered 201, “State Employee Health Related Insurance” 8. Include coverage for equipment, supplies and outpatient self-management training and education, including medical nutrition therapy, for the treatment of insulin-dependent diabetes, insulin-using diabetes, gestational diabetes and noninsulin-using diabetes if prescribed by a healthcare professional legally authorized to prescribe such items under law. To qualify for coverage under this subdivision, diabetes outpatient self-management training and education shall be provided by a certified, registered or licensed health care professional......
  • VA H 343 (O’Bannon – R) [VA S 135 (Puller – D), Chaptered 709]; Chaptered 693, “All Payer Health Claims Database” Database, consistent with the provisions of this chapter, to include:       1. The reporting of data that can be used to improve public health surveillance and population health, including reports on (i) injuries; (ii) chronic diseases, including but not limited to asthma, diabetes, cardiovascular disease, hypertension, arthritis, and cancer;
  • VA H 1107 (Greason – R) [VA S 656 (McEachin – D), Chaptered 833]; Chaptered 787, “Public Schools” 9. Is an employee of a school board, authorized by a prescriber and trained in the administration of insulin and glucagon, who, upon the written request of the parents as defined in Section 22.1-1, assists with the administration of insulin or administers glucagon to a student diagnosed as having diabetes who requires insulin injections during the school day or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from......
Washington
  • WA H 2056 (Van De Wege – D); Chaptered 10, “Assisted Living Facilities” (iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered nurse. Other than delegation of the administration of insulin by injection for the purpose of caring for individuals with diabetes, the administration of medications by injection, sterile procedures, and central line maintenance may never be delegated.
  • WA H 2186 (Bailey – R); Chaptered 13, “Licensed Midwives” (iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered nurse. Other than delegation of the administration of insulin by injection for the purpose of caring for individuals with diabetes, the administration of medications by injection, sterile procedures, and central line maintenance may never be delegated.
  • WA H 1700 (Fitzgibbon – D); Chaptered 67, “Transportation Project Designs” Washington believes regular walking and bicycling improves physical health, increases mental well-being, and helps reduce the risk of cardiovascular disease, Type 2 diabetes, some cancers, and other chronic diseases. Increased physical activity is also critical to combating the obesity crisis in Washington.
  • WA H 2314 (Cody – D); Chaptered 165, “Long Term Care” task pursuant to RCW 18.79.260 must complete nurse delegation core training under chapter 18.88A RCW before the home care aide may be delegated a nursing care task by a registered nurse delegator. Before administering insulin, a home care aide must also complete the specialized diabetes nurse delegation training under chapter 18.88A RCW. Before commencing any specific nursing care tasks authorized under RCW 18.79.260, the home care aide must.........
West Virginia

  • WV S 160 (Kessler – D); Chaptered 10, “Budget Bill” Diabetes Education and  Prevention $105,000
  • WV S 535 (Stollings – D); Chaptered 143, “Certain Prescriptive Authority for Chronic Diseases” prevented by vaccines, can be controlled but not cured by medication and does not generally disappear. These conditions, with the exception of chronic pain, include, but are not limited to, arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures and obesity. The prescriber authorized in this section shall note on the prescription the chronic disease being treated........
 

Archive


Summary of 2007-2010 Diabetes Legislation

Diabetes Month or Day

In 2007 and 2008 three states designated a day or month recognizing the disease of diabetes. Seven states enacted diabetes day or month legislation in 2009 and eight states enacted diabetes day or month legislation in 2010. By doing this, legislatures can increase public awareness about the disease, as well as encourage public education and prevention measures.

State Title and Description
Alabama Diabetes Awareness Week (2010, adopted, AL HJR 463): Declares the week of November 8 through November 12, 2010, as Diabetes Awareness Week in Alabama public schools.
Arizona Diabetic Peripheral Awareness Day (2010, adopted, AZ HCR 2065): Declares April 6, 2010 as Diabetic Peripheral Neuropathy Action Awareness Day.
Colorado American Diabetes Alert Day (2009, adopted, CO SJR 27): Proclaimes March 14, 2009 as American Diabetes Alert Day.
Georgia American Diabetes Association (2010, adopted, GA HR 2031): Recognizes May 20, 2010 as American Diabetes Association Alert Day at the state capitol to raise the awareness of the dangers of Diabetic Peripheral Neuropathy.
Kansas Diabetes Alert Day (2009, adopted, KS HR 6021): Recognized March 24, 2009 as American Diabetes Alert Day in Kansas.

Diabetes Plan (2010, adopted, KS HR 6035 and SR 1852): Declares March 23, 2010, as American Diabetes Association Alert Day and endorses the State Diabetes Plan.
Kentucky Diabetes Awareness (2010, adopted, KY HR 120): Promotes awareness of the impact that diabetes has on the eyes and commends the work of the Kentucky Association of Eye Physicians.

Diabetes Day (2010, adopted, KY HR 124): Recognize February 2, 2010, as Diabetes Day at the Capitol, and commend those organizations and individuals who have made an impact on diabetes prevention and control.

Diabetes Awareness (2010, adopted, KY SR 254): Promotes awareness of the impact of diabetes and education and medical management of the disease and its complications.
Michigan

Juvenile Diabetes Awareness (2007, adopted, MI HR 136): Recognizes June 17-23, 2007, as Juvenile Diabetes Awareness Week.

Diabetes Awareness Month (2007, adopted, MI HR 226): Recognizes November 2007 as Diabetes Awareness Month.

Kidney Disease (2007, adopted, MI HR 327): Observes April 16, 2008, as Michigan Kidney Disease and Diabetes Awareness Day.

World Diabetes Day (2009, adopted, MI HR 180): Recognizes November 14, 2009, as World Diabetes Day in Michigan.

Mississippi  

Diabetes Discovery Week (2009, adopted, MS SCR 654): Relates to designate Diabetes Discovery Week in Mississippi.

Diabetic Peripheral Neuropathy Awareness Day (2010, adopted, MS SCR 673): Recognizes November 9, 2010 as Diabetic Peripheral Neuropathy Awareness Day.

New Jersey American Diabetes Month (2008, adopted, NJ HR 86): Recognizes November 2008 as American Diabetes Month.
Nevada Diabetes Awareness Day (2009, adopted, NV SCR 20): Designates March 25, 2009 as Diabetes Awareness Day in Nevada.
Oklahoma Diabetes Awareness Day (2010, adopted, OK SCR 34): Designates November 14, 2010 as Diabetes Awareness Day.
Pennsylvania

Diabetes Month (2007, adopted, PN HR 495): Recognizes November 2007 as National Diabetes Month.

National Diabetes Month (2009, adopted, PA HR 498): Recognizes November 2009 as National Diabetes Month.

World Diabetes Day (2009, adopted, PA HR 524): Designates November 14, 2009 as World Diabetes Day in Pennsylvania.

Texas Diabetes Day (2009, adopted, TX HR 350): Recognizes March 17, 2009 as Diabetes Day at the State Capital.

Disparities

Minority populations are affected by diabetes at a much higher rate than the rest of the population.  For example, African Americans and Hispanics/Latinos are twice as likely to have diabetes.  An African American or Hispanic/Latino born in the US in 2000 has a 2 in 5 risk for developing diabetes.  Reducing and eliminating these disparities are important public health goals.  Three states enacted legislation related to diabetes disparities in 2007 and 2008. In 2009, one state enacted Health Disparities legislation related to diabetes.

State Title and Description
California Health Disparities: Racial and Ethnic Populations (2009, adopted, CA ACR 29): Resolution addressing health disparities including the prevalence of diabetes, prevention, and treatment efforts.
Illinois Diabetes Initiative Act (2007, enacted, Illinois Code § 4055/5, IL SB 654) : Creates the Illinois State Diabetes Commission to look at ways to slow the rate of diabetes, prevention and disparities through 2010.

Condition of African American Men (2007, enacted, Illinois Code § 135/10-32, IL SB 776): Creates the Task Force on the Condition of African American Men to reduce diabetes disparities.  The purposes of the Task Force are to: determine the causal factors for the condition of African American men; to inventory State programs and initiatives that serve to improve the condition of African American men; to identify gaps in services to African American men; and to develop strategies to reduce duplication of services and to maximize coordination between State agencies, providers, and educational institutions, including developing benchmarks to measure progress.
Massachusetts Health Care Access (2007, enacted, Massachusetts Law 6A § 16O(a), MA SB 2426): Provides for a health disparities council within the executive office of health and human services to eliminate disparities in health care related to breast, cervical, prostate and colorectal cancers, strokes, heat attacks, diabetes, infant mortality, lupus, HIV/AIDS, asthma and other respiratory diseases.
Michigan Department of Community Health (2007, adopted, MI HR 514) : Urges Department of Community Health to take further actions to address disparities by completing the development of a long range strategic plan to reduce health disparities and seek to partner with county health departments, community groups, minority health coalitions and private sector entities on the development of interventions and an appropriate health promotion and disease management program.

Prevention

Prevention of diabetes includes both preventing the onset of diabetes, as well as preventing serious health complications once someone is diagnosed with diabetes.  Maintaining a healthy weight, getting regular exercise, eating nutritiously, getting regular medical check-ups, and communicating with one's physician are all important steps an individual can take to reduce the risk of diabetes.  Studies show that people at high risk for type 2 diabetes can prevent or delay the onset of the disease by losing 5 to 7 percent of their body weight.  A person that has already been diagnosed with diabetes can prevent and/or delay diabetes-related health complications by managing their diabetes through testing, regular medical check-ups, appropriate treatment and eating a diet appropriate for people with diabetes.  Legislatures in six states examined policy options aimed at diabetes prevention and management in 2007 and 2007.  In 2009, nine states enacted diabetes prevention and management legislation. So far, six states enacted diabetes prevention and management legislation in 2010.

State Title and Description
California Task Force on Youth and Workplace Wellness (2009, adopted, Resolution Chapter No. 51, CA SCR 73): Creates California Task Force on Youth and Workplace Wellness and refers to the prevalence of diabetes.
Georgia

State Health and Human Services Agencies (2009, enacted, Code of Georgia § 31-2-17, GA HB 228): Requires the appointment of a diabetes coordinator to work with other state departments to ensure all diabetes related programs are coordinated.

Dominique Wilkins (2010, adopted, GA HR 1380 and SR 962): Recognizes NBA Hall of Famer Dominique Wilkins as Georgia’s Diabetes Ambassador.

Diabetes Control Grants (2010, enacted, Code of Georgia § 31-2-17.1, GA SB 435): Enacts the Diabetes and Health Improvement Act of 2010 and establishes the Diabetes Control Grant Program. Provides for the creation of an advisory committee and that the committee shall administer grants to middle schools and high schools to promoted diabetes prevention and understanding, and grants to health care providers for diabetes education, screening, disease management, and self-management.

Illinois

Diabetes Initiative Act (2007, enacted, Illinois Code §4055/5, IL HB 654): Requires that the Department of Health Services shall develop a strategic plan to slow the rate of diabetes by the year 2010.  The will identify barriers to effective screening compliance and treatment for diabetes, identify methods to increase the number of beneficiaries who will screen regularly for diabetes, review current medical therapies and best clinical practices for diabetes, and identify actions to be taken to reduce the morbidity and mortality from diabetes by the year 2010 and a time line for taking those actions.

Department of Public Health Powers (2007, enacted, Illinois Code § 2310/2310-76, IL SB 2012): Establishes a Task Force on Chronic Disease Prevention and Health Promotion to study and make recommendations regarding the structure of the chronic disease prevention and health promotion system in Illinois, as well as changes that should be made to the system.  On or before July 1, 2010, the Task force shall make recommendations to the Director of Public Health on reforming the delivery system for chronic disease prevention and health promotion, ensuring adequate funding for infrastructure and delivery of programs, addressing health disparity, and the role of health promotion and chronic disease prevention in support of State spending on health care.

Obesity Prevention Initiative Act (2009, enacted, Public Act No.155, IL H 3767): Creates the Obesity Prevention Initiative Act which requires the Department of Public Health to organize a specified number of hearings on the health effects and costs of obesity and the need to address the obesity epidemic. It also states that the Department of Public Health grant funds to non-profit organizations or local public health departments to conduct a statewide education campaign. Focuses on chronic diseases such as diabetes.

Commission on the Status of Women (2009, adopted, IL HR 343): Commission to focus its efforts on helping women attain economic independence, lifelong equality, health care, safety, and career development opportunities. Health care includes diabetes prevention.

Maternal and Child Health (2009, enacted, Public Act No. 799, IL S 2043): Amends the State Public Aid Code to allow the Department of Healthcare and Family Services  to undertake a pilot project to study patient outcomes, for patients with chronic diseases or patients at risk of low birth weight or premature birth , associated with the use of disease management programs and services for chronic condition management. "Chronic diseases" include, but are not limited to, diabetes, congestive heart failure, and chronic obstructive pulmonary disease.

Task Force on Chronic Disease and Health Promotion (2009, enacted, Public Act No. 1073, IL S 2583): Adds a public health advocate Chronic Disease Prevention and Health Promotion Task Force. The Task Force works on diabetes as one of its chronic diseases.

Developmental Disabilities (2009, adopted, IL SJR 54): Creates resolution that focuses on the importance of supporting and improving health outcomes for people with developmental disabilities and urges all providers to adopt preventative health practices and work with those they serve to ultimately improve health outcomes and to encourage the Department of Human Services Division of Developmental Disabilities to develop health related outcomes and standards as part of its quality management and monitoring efforts. Focuses on obesity and its effects on diabetes.

Fresh Food Fund (2009, adopted, IL SJR 72): Resolution that focuses on the Illinois Food, Farms and Jobs Council assisting the Department of Commerce and Economic Opportunity in the implementation and distribution of the Illinois Fresh Food Fund to stimulate supermarket development and promotion of self-sustaining businesses for small grocers across Illinois.

Iowa Health Insurance Coverage (2009, enacted, Iowa Code § 514C.18, IA HB 478): Requires health insurance coverage for diabetes self management training and education programs. Provides that diabetes education programs must cover a certain number of hours of initial outpatient diabetes self-management training within a continuous twelve-month period and up to two hours of follow up training for each subsequent year for an individual diagnosed by a physician with any type of diabetes.

Improved Adolescent Health (2009, adopted, IA HR 44): Expresses support for improved adolescent health by working to educate parents on the importance of an adolescent well physical to prevent chronic diseases, avoid injury, appropriately intervene to better treat chronic disease, and update immunizations.
Kentucky Diabetes Awareness and Medical Management (2010, adopted, KY HR 276 and SR 254): Promotes awareness of the impact of diabetes and education and medical management of the disease and its complications.
Louisiana Health (2010, adopted, LA HCR 150): Resolution to direct the Department of Social Services to assess efforts to date in Louisiana to promote healthy food choices among recipients of Supplemental Nutrition Assistance Program (SNAP) benefits addresses the need to reduce the occurrence of diabetes.

Insurance Group (2010, adopted, LA HCR 231): To urge and request the Office of Group Benefits to conduct a study on the financial benefits of establishing a program to address the high rate of obesity in Louisiana and to report the findings to the Legislature of Louisiana no later than January 1, 2011 refers to prevalence of diabetes.

Children (2010, adopted, LA SR 172): To urge and request the Senate Committee on Health and Welfare to study the efforts of various agencies and organizations related to fighting the childhood obesity epidemic and to urge and request those various agencies and organizations to report by January 1, 2011, to the Senate Committee on Health and Welfare about the status of their ongoing efforts to curb the high incident rate of childhood obesity, speaks to the prevalence of diabetes.

Physical Education (2010, adopted, LA HCR 209): Requests the State Board of Elementary and Secondary Education to study the feasibility of increasing P.E. units required for high school graduation and to submit a written report to the House and Senate education committees before the beginning of the 2011 addresses the need to reduce the occurrence of diabetes.
Mississippi Obesity (2009, enacted, Chapter 435, MS HB 1530): Creates a pilot program to reduce obesity and diabetes in the state through education and disease management.
Nebraska     Diabetes Awareness (2010, adopted, NE LR 556): Supports public awareness efforts to inform people of the dangers posed by diabetes, and in particular, diabetic peripheral neuropathy.
New Mexico Chronic Disease in the Work Force (2009, enacted, NM HJM 24): Requires a study of the cost and impact of chronic disease, including diabetes, on workforce and business-based wellness programs.
New York  Health and Mental Hygiene Budget (2007, enacted, Chapter 54, NY SB 2104): Appropriates $ 600,000 to the New York state Diabetes Prevention and Control program.
Ohio Appropriations for Operation of State Programs (2007, enacted, Ohio Code § 293.10, OH HB 119): Appropriates $500,000 to the Healthy Ohio program to support evidence-based programs for diabetes prevention and management, utilizing proven behavior change strategies.  The program will also provide screening for diabetes, and those with a high risk of diabetes will get education on diabetes, diabetes management, physical activity and eating habits, and opportunities for monitored physical activity for adults and families.
Oregon State Health Authority (2009, enacted, Oregon Statute § 587.2, OR HB 2009): Oregon Health Authority  shall develop, by the year 2009, a strategic plan to start to slow the rate of diabetes caused by obesity and other environmental factors by the year 2010. Plan to include: (a) Identification of environmental factors that encourage or support physical activity and healthy eating habits; (b) Identification of preventative strategies that are effective and culturally competent and that meet the populations most at risk for developing diabetes; (c) Recommendations for evidence-based screening; (d) Recommendations for redesigning and financing primary care practices that would facilitate adoption of the Chronic Care Model for screening for diabetes, support for patient self-management and regular reporting of preventative clinical screening results and; (e) Identification of actions to be taken to reduce the morbidity and mortality from diabetes by the year 2015 and a time frame for taking those actions.
Pennsylvania    Early Diabetic Screening and Treatment (2007, adopted, PN HR 386): Encourages individuals to seek early screening and early treatment of diabetic conditions and encourages health care providers to improve care to better control diabetes.
South Carolina Diabetes Initiative Board (2010, enacted, Code of Laws of South Carolina § 44-39-20, SC HB 4621): Establishes within the Medical University of South Carolina, the Diabetes Initiative of South Carolina Board. The purpose of this board is to establish a statewide program of education, surveillance, clinical research, and translation of new diabetes treatment methods to serve the needs of South Carolina residents with diabetes mellitus.
Tennessee Diabetes Health Care Grants (2009, enacted, Tennessee Code § 4-40-403(c), TN HB 2270): Makes all schools eligible for grants from the Tennessee Center for Diabetes Prevention and Health Improvement.
Texas  Diabetes Self Management Pilot Program (2009, encated, Texas Annotated Code § 531.0319, TX HB 1990): Creates a diabetes self-management training pilot program for State Medicaid participants.
Virginia  Budget Bill (2008, enacted, Chapter 847, VA HB 29): Appropriates $5,000 to the Russell County Health Department for a diabetic outreach program.

Budget Bill (2008, enacted, Chapter 879, VA HB 30): Appropriates $196,263 in support of diabetes prevention, education, and public service at the Virginia Center for Diabetes Professional Education at the University of Virginia.
West Virginia Budget Bill (2010, enacted, Act Number 8, WV SB 213): Appropriates $70,000 to the Diabetes Education Fund.

Reporting of Self-Identification

Requiring reports as to the number of people with diabetes in a given region creates a data set that can be a powerful tool. It can allow state diabetes programs to focus their resources in the areas where diabetes is most prevalent.  It is important to know how many people have diabetes, where they are, and who cares for them. This information can help in assessing how state programs are doing in preventing and controlling diabetes and determining where future resources would be most useful. Self-identification of people with diabetes on a driver's licence or other state-issued identification can facilitate emergency medical treatment. Three states looked at diabetes legislation relating to reporting or self-identification in 2007-2008 and six states enacted reporting or self-identification legislation in 2009. In 2010, one state enacted a reporting or self-identification law.

State Title and Description
Illinois Department of Public Health Powers and Duties Law (2009, enacted, Illinois Code § 2310-640, IL HB 2481): Requires the development and implementation of a neonatal diabetes mellitus registry to track gloysosylated hemoglobin levels.
Nebraska Change Revenue and Taxation Provisions (2009, enacted, NE L 879): Requires that individuals applying for a Motor Vehicle Operator’s License answer they have experienced complications related to diabetes and other conditions.
Michigan School Bus Driver Safety Education Certification (2009, enacted, Public Act No. 93, MI H 5363): Requires that any school bus driver employed as a school bus driver on or after June 22, 2010 note that they have diabetes is noted at the time of examination.
Minnesota    Body Art Establishments and Technicians Regulation System (2009, enacted, Chapter 317, MN S 525): Requires that before performing any body art procedure, the a body art technician must provide the client with a disclosure and authorization form that indicates whether the client has diabetes.
South Carolina Diabetes Initiative (2010, enacted, Code of Laws of South Carolina § 44-39-20, SC HB 4621): Establishes within the Medical University of South Carolina, the Diabetes Initiative of South Carolina Board. Among the purposes of the board is to establish a statewide program of diabetes surveillance.
South Dakota School Bus Drivers Licenses (2009, enacted, South Dakota Statute §32-12A-24, SD HB 1202): Allows persons with insulin-treated diabetes mellitus to get an endorsement on their commercial driver license.
Texas Diabetes Mellitus Registry (2009, enacted, Chapter 706(c), TX HB 1363): Creates a statewide voluntary diabetes registry.
Virginia Revised Uniform Anatomical Gift Act (2008, enacted, Code of Virginia § 46.2-342, VI HB 1299): Puts identification for insulin dependent diabetics on their drivers license.
District of Columbia Fiscal Year 2008 Budget Support Act of 2007 (2007, enacted, Law 20 § 5069, DC B 148): requires the Department of Health to provide a comprehensive diabetes report annually.

Research

Funding and promoting diabetes research is essential if innovations in prevention, testing, management, and possibly even a cure are to come about.  States have been active in promoting and conducting diabetes research during the 2007 and 2008 sessions.  Seven states explored their options related to diabetes research legislation in 2007-2008 and five states enacted legislation in 2009. Three states have enacted diabetes research legislation in 2010.

State Title and Description
Alabama Diabetes Research Program (2010, enacted, Chapter 2010-610, AL HB 274): Appropriates $250,000 to the Children's Hospital for the Diabetes Research Program.
California Stem Cell Research and Cures Act (2009, enacted, Chapter No. 637, CA S 1064): Requires the appointment of diabetes advocates to the Independent Citizens Oversight Committee for stem cell research.
Connecticut Biomedical Research Trust Fund Research Grants (2010, enacted, Public Act No. 10-136, CT S 354): Adds diabetes to the biomedical research fields that the Biomedical Research Trust Fund can fund. The trust fund accepts transfers from the Tobacco Settlement Fund.
Florida Health Care (2009, enacted, Florida Statutes § 210.011, FL SB 1840): Allocates monies collected from cigarette taxes to the Diabetes Research Institute.
Illinois FY09 Appropriations (2007, enacted, IL HB 5701): Appropriates $100,000 for diabetes research, payable from the Diabetes Research Check-off Fund.

Diabetes Research (2009, enacted, Public Act No. 1406, IL S 3780): Directs the Department of Public Health to make grants from appropriations received from the Diabetes Research Checkoff Fund, 50 percent of which must go to entities conducting research on juvenile diabetes and may include clinical trials. Establishes the State Diabetes Commission. Provides for public information to high risk groups.
Michigan

Department of Community Health Appropriations (2007, enacted, Public Act 123, MI HB 4344): Appropriates $3,999,500 to the Diabetes and Kidney Program for research, prevention, and public education.

Supplemental Appropriations (2007, enacted, Public Act 41, MI HB 4493 and SB 436): Appropriates $25,000 to the Morris Hood State University for diabetes research.

New Mexico Chronic Disease in the Work Force (2009, adopted, NM HJM 24): Requests the Health Department do a study on the cost and impact of chronic disease, including diabetes, on workforce and business-based wellness programs.
Oregon State Health Authority (2009, enacted, Oregon Statutes § 587.2, OR HB 2009): Oregon Health Authority  shall develop, by the year 2009, a strategic plan to start to slow the rate of diabetes caused by obesity and other environmental factors by the year 2010. Plan to include  (a) Identification of environmental factors that encourage or support physical activity and healthy eating habits; (b) Identification of preventative strategies that are effective and culturally competent and that meet the populations most at risk for developing diabetes; (c) Recommendations for evidence-based screening; (d) Recommendations for redesigning and financing primary care practices that would facilitate adoption of the Chronic Care Model for screening for diabetes, support for patient self-management and regular reporting of preventative clinical screening results and; (e) Identification of actions to be taken to reduce the morbidity and mortality from diabetes by the year 2015 and a time frame for taking those actions.
Pennsylvania    Capital Budget (2007, enacted, Act 2008-41, PN HB 1589): Appropriates $20,000,000 to the University of Pittsburgh Medical Center/University of Pittsburgh Diabetes Institute.
Rhode Island Study Commission Creation (2007, adopted, RI HB 5672): Creates a nine member special legislative study commission to do a comprehensive study of the potential for and barriers to the advancement of regenerative medicine and related research.
South Carolina Diabetes Initiative (2010, enacted, Code of Laws of South Carolina § 44-39-20, SC HB 4621): Establishes within the Medical University of South Carolina, the Diabetes Initiative of South Carolina Board. Among the purposes of the board is to establish a statewide program of clinical research.

School Related

See Childhood Obesity- Diabetes Screening and Management at School page

State Title and Description
Florida Public School Students With Diabetes (2010, enacted, Chapter No. 57, FL H 747): Relates to the treatment of diabetes; revises the Diabetes Advisory Council membership; prohibits school districts from restricting the assignment of diabetic students to certain schools for certain reasons; authorizes a student to manage diabetes while in school, at school-sponsored activities, or in transit to and from school or school-sponsored activities with written authorization from the parent and physician; provides indemnification for specified employees, volunteers and entities.
Georgia United States Congress (2009, adopted, GA SR 886): Urges the United States Congress and Georgia state agencies to increase the nutritional quality and options provided to students through school meals.
Hawaii Physician Assistant and Signing Authority (2009, enacted, Act No. 151, HI S 1142): Allows a volunteer in the case of emergency to administer glucagon to a student with diabetes, when a parent or guardian has submitted written certification from the student's physician or physician assistant.
Illinois School Transportation Task Force (2009, IL HJR 6) Creates the School Transportation Task Force to study the possibility of enacting legislation making changes to current transportation programs offered by the State Board of Education. Addresses the prevalence of diabetes.
Louisiana Physical Education (2010, adopted, LA HCR 209): Requests the State Board of Elementary and Secondary Education to study the feasibility of increasing P.E. units required for high school graduation and to submit a written report to the House and Senate education committees before the beginning of the 2011 addresses the need to reduce the occurrence of diabetes.
Massachusetts School Nutrition (2009, enacted, Chapter No. 197-2010, MA H 4459): State departments will establish guidelines for the recognition, treatment and availability of resources for children at risk for and diagnosed with type 2 diabetes. Guidelines must also include professional development and training for public school nurses and aid staff to gain knowledge about type 2 diabetes in order to be better screeners and provide appropriate referrals. The law also includes the establishment of a commission on school nutrition and childhood obesity. The commission will include a member appointed by the American Diabetes Association.
North Carolina Diabetes Control Plans in Charter Schools (2009, enacted, Session Law 2009-563, NC S 738): Requires that charter school board of directors ensure that State Board of Education guidelines are implemented in schools where students with diabetes are enrolled.
Virginia Health Professions (2010, enacted, Chapter No. 245, VA S 194): Clarifies that nothing in provisions regulating professions and occupations shall prevent any school board member authorized to administer insulin or glucagon from performing such for an individual who lives in a private residence and who, by reason of disability, is unable to perform such tasks.

Tax Related

States looked at tax related diabetes legislation in two policy areas.  Some proposed bills would create an income tax check-off box for taxpayer gifts to diabetes research, education, prevention and management.  This allows for additional funds to be raised for diabetes programs without raising taxes or taking away funds from other programs.  Other proposed bills would provide for an exemption for diabetes medical supplies from sales and use tax.  During the 2007 and 2008 legislative sessions, eight states looked at tax related diabetes legislation. While none of the bills were enacted, they are included in this legislative report to highlight the upcoming trend in tax related diabetes legislation.

State Title and Description
Illinois Juvenile Diabetes Research Donation (2007, did not pass, IL HB 3409): Would provide that an applicant for a driver's license or instruction permit, a commercial driver's license or instruction permit, or a State identification card shall be asked if he or she wants to donate $1 to the Juvenile Diabetes Research and Nutritional Health Trust Fund.  Would create the Juvenile Diabetes Research and Nutritional Health Trust Fund and provide that all moneys in the Fund shall be used by the Department of Public Health for juvenile diabetes research, nutritional health programs, education, and public awareness.
Massachusetts Exemption of Sales Taxes for Certain Medical Devices (2007, did not pass, MA HB 2842 and SB 1811) : Would provide for an exemption from the sales tax for diabetes monitoring and testing supplies.
New York Corporate Franchise Tax Check-off (2007, did not pass, NY AB 2408 and SB 1275): Would provide for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for diabetes research and education; would establish the diabetes research and education fund.
Ohio Tangible Personal Property Sales and Use Tax Exemption (2007, did not pass, OH HB 368): Would provide for an exemption of diabetic supplies from the sales and use tax.

Income Tax Return Contributions (2007, did not pass, OH SB 75): Would allow taxpayers to contribute to the American Diabetes Association through their income tax return.
Pennsylvania Tax Reform Code (2007, did not pass, PN HB 1834 and SB 90): Would provide for charitable check-offs by taxpayers to the Juvenile Diabetes Cure Research Fund.
Rhode Island Taxation (2007, did not pass, RI SB 606 and SB 2571): Would exempt from sales taxes diabetic monitoring kits, including, but not limited to, testing strips utilized for the determination of blood sugar levels.
Virginia Retail Sales and Use Tax (2007, did not pass, VI HB 1592): Would exempt diabetic supplies from retail sale and use tax.

 

Treatment

State Title and Description
California New Dialysis Clinic Licensure and Certification (2009, adopted, Resolution Chapter No. 45, CA SJR 13): Urges the Centers for Medicare and Medicaid Services to adopt regulations, to improve the system and speed up the process for timely licensure and certification surveys of new dialysis clinics.

Health (2009, enacted, Chapter No. 5, CA A 5 d): Provides benefits through Medicaid specifically includes therapeutic shoes and inserts when provided to beneficiaries with a diagnosis of diabetes, subject to utilization controls, to the extent that federal financial participation is available.
Connecticut       Public Health Related Statutes (2010, enacted, Public Act No. 10-117, CT S 428): Changes the way pharmacists are licensed to provide drug therapy for individuals receiving outpatient hospital care or services for diabetes- focusing on the creation of a physician-patient relationship.
Louisiana Insurance Health and Accident (2010, enacted, Act No. 919, LA H 464): Standardizes the language exempting limited benefit policies or contracts from health insurance mandates in reference to diabetes self management training.
New York Health and Mental Hygiene Budget Implementation (2009, enacted, Chapter No. 58, NY A 9708): Adds certification from a professional who is affiliated with the American Diabetes Association, the American Association of Diabetes Educators, the Indian Health Service, or other national accreditation organization approved by the federal Centers for Medicare and Medicaid Services for diabetes self-management training services.
Oklahoma Insurance (2009, enacted, Chapter No. 222, OK S 2054): Requires that every health benefit plan cover certain equipment, supplies and related services for the treatment of Type I, Type II, and gestational diabetes.
Virginia Pharmacy Benefits (2010, enacted, Acts of Assembly. Chapter No. 157, VA S 535): Creates a health insurance plan for current and retired state employees. The plan includes coverage for equipment, supplies and outpatient self-management training and education, including medical nutrition therapy, for the treatment of insulin-dependent diabetes, insulin-using diabetes, gestational diabetes and noninsulin-using diabetes if prescribed by a healthcare professional legally authorized to prescribe such items under law. To qualify for coverage under this subdivision, a certified, registered or licensed health care professional must provide diabetes outpatient self-management training and education.
Vermont Health Care Financing and Universal Access to Health Care in Vermont (2009, enacted, Act 128, VT S 88): The act revises the description of the Blueprint for Health program specifically the adoption and maintenance of clinical quality and performance measures for each of the chronic conditions included in Medicaid’s care management program which includes diabetes.

Other

State Title and Description
Alaska Statute Amendments (2009, enacted, Chapter No. 58, AK S 265): Prohibits direct-entry midwives from delivering women with gestational diabetes or diabetes.
Alabama           Home Generated Sharps (2010, enacted, Act No. 2010-186, AL SJR 78): Allows certain entities to create an educational program to dispose of home-generated sharps.
Georgia Department of Community Health (2009, adopted, GA HR 1946): Urges the Georgia Department of Community Health to educate the public and create awareness regarding the safe disposal of home-generated medical sharps.

Inmate Accounts (2009, enacted, Act No. 48, GA H 464): Adds definition of chronic illness to code that covers allowable deductions from an inmate account. Medical costs of diabetes are included as such.

Fee Increases (2009, enacted, Act No. 360, GA H 1055) Creates a special license plate identifying persons with diabetes with the purpose of alerting law enforcement officers and emergency personnel to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund.

 

NCSL Staff contacts: Dick Cauchi. NCSL Health Program  . 2011-2012 research by Kara Hinkley.

 
 
 

 

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