Arizona 2024 Regular Session

Arizona House Bill HB2448 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: school-based health centers; requirements State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2448 Introduced by Representative Montenegro An Act amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-249.19; appropriating monies; relating to the department of education. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: school-based health centers; requirements
10	10	State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
11	11	HB 2448
12	12	Introduced by Representative Montenegro
13	13
14	14	REFERENCE TITLE: school-based health centers; requirements
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2024
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2448
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representative Montenegro
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-249.19; appropriating monies; relating to the department of education.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-249.19, to read: START_STATUTE15-249.19. School-based health centers; parental consent; allowable health care services; medical records; grant program; annual report; fund; definition A. A school district or charter school may contract with a health care provider, health system or community partner to establish a school-based health center in or near a school facility for the purpose of providing services beyond the scope of school nursing services, subject to the following requirements: 1. The school-based health center is a separate legal entity from the public school and is administered by a health care provider, health system or community partner. 2. Student participation in services provided by a school-based health center is voluntary. A school-based health center, school district or charter school may not offer an incentive to a student or parent of a student in exchange for the student's participation in services provided by the school-based health center. 3. A school-based health center provides comprehensive primary health care services during school hours to students in accordance with established standards, community practice, legal reporting requirements and other laws of this state, including parental consent and notification requirements that are consistent with federal laws. 4. All services THAT are provided at a school-based health center are provided by a licensed health care professional in accordance with applicable laws. 5. EAch health care professional in a school-based health center maintains medical records in accordance with the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936) and any federal regulations adopted to implement the health insurance portability and accountability act of 1996. 6. The school-based health center accepts payment FOR services through medical billing, private pay and financial assistance. 7. The school-based health center provides health care services to patients regardless of ability to pay. 8. All employees of the school-based health center are subject to the same fingerprint check or fingerprint clearance card requirements that the school district or charter school applies to noncertificated personnel in the school district or charter school pursuant to sections 15-183 and 15-512. 9. Except as required by law, a school district, charter school or corporation may not access a student's medical records. 10. A school-based HEALTH center may not perform abortion services. B. A health care professional in a school-based health center may provide school nursing services, including: 1. Hearing evaluation services pursuant to title 36, chapter 7.2, article 1. 2. Vision screening services pursuant to title 36, chapter 7.2, article 2. 3. Basic first aid. 4. Contacting a student's parents if the student is ill or injured. 5. Coordinating emergency services for a student as needed. 6. Dispensing over-the-counter medications. FOr the purposes of this paragraph, the health care professional shall obtain consent from a student's parent before dispensing medication to the student. 7. Dispensing prescription medication according to the prescribing health care professional's instructions and, if dispensing prescription medication to a student, with prior consent of the student's parent as provided in section 15-344. C. If health care services are provided to a patient in a school-based health center through telehealth, the treating health care professional must obtain verbal or written informed consent from the patient or the patient's health care decision maker before providing the health care services and must document the informed consent in the patient's medical records. D. Notwithstanding any other law, a school-based health center, including any health care professional in a school-based health center, may not provide or arrange any of the following services for a student without first obtaining written or verbal consent from the student's parent and, if consent is obtained through a telehealth visit, verifying the parent's identity: 1. Mental health screening or mental health treatment. This paragraph does not apply if an emergency exists that requires a health care professional to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of the student or another person. 2. Initiating or conducting a telehealth appointment with a health care professional. 3. DIAGNOSING or treating a sexually transmitted infection. 4. Providing substance use counseling or treatment. 5. Providing pregnancy testing. 6. Providing prenatal care. 7. Providing contraceptives, including emergency contraception. 8. Administering vaccines, including immunization against the human papillomavirus. E. If the patient in a school-based health center is a student, the following requirements apply: 1. The student's parent or an adult approved by the student's parent must be present, physically or virtually, when the student receives health care services. A student's parent may waive the requirement prescribed in this paragraph. 2. If health care services are provided to a student through telehealth, the health care provider shall do both of the following: (a) Obtain written informed consent from the student's parent before providing the health care services. For the purposes of this subdivision, written informed consent may be provided electronically. (b) Enter a full summary of the appointment into the student's medical records and provide a copy of the summary to the student's parent. 3. The school-based health center shall provide the student's parent with access to all of the student's written records, electronic records and electronic accounts that are maintained by the school-based health center, including: (a) Counseling records. (b) Psychological records. (c) Medication records, including any over-the-counter medications that are administered to the student. (d) Clinic notes. (e) Health and immunization information, including medical records that are maintained by a health clinic or medical facility that is operated or controlled by the school district or charter school or that is located on the school district's or charter school's property. F. A school district or charter school that has established or is seeking to establish a school-based health center pursuant to subsection A of this section may not enter Any contract or agreement, including an agreement in connection with a grant program, that requires the school district or charter school to violate this section. G. A student's parent may bring an action against a school-based health center in the superior court in the county in which the school district or charter school is located for failure to comply with any requirement prescribed in subsection D or E of this section. This subsection does not preclude any other remedies available to a student's parent at law or in equity. H. The school-based health center grant program is established within the department of education. The department may adopt rules or policies to implement this program, including grant application requirements. The department may award a grant to a school district or charter school in this state for the purpose of establishing a school-based health center pursuant to subsection A of this section. A school district or charter school that receives a grant pursuant to this subsection must annually report to the department all of the following information: 1. For students who received health care services in the school-based health center during the previous year: (a) The number of students who received telehealth services. (b) The average time that each student spent in the health office. (c) The average wait time for each student. (d) The average number of school absences after a student received health care services. (e) The percentage of students who returned to class on the same day that the student received health care services. (f) The percentage of appointments in which a student's parent was present. (g) The percentage of appointments in which a student's parent was not present. 2. Survey results regarding parents' satisfaction with the school-based health center and the health care services provided. 3. Survey results regarding schoolteachers', employees' and administrators' satisfaction with the school-based health center and the health care services provided. I. The school-based health center grant program fund is established consisting of legislative appropriations and grants, gifts, devises and donations from any public or private source. The department of education shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. J. For the purposes of this section, "parent" means a parent, guardian or legal custodian of a student who is not an emancipated minor. END_STATUTE Sec. 2. Appropriation; department of education; student-based health centers The sum of $3,000,000 is appropriated from the state general fund in fiscal year 2024-2025 to the school-based health center grant program fund established by section 15-249.19, Arizona Revised Statutes, as added by this act. Sec. 3. Intent The legislature intends to reduce the amount of time that students spend out of the classroom because of injury or illness by providing infrastructure for integrated health care services to be provided at school district and charter school campuses through school-based health centers. The establishment of school-based health centers allows school personnel to focus on administrative duties, school curricula and instructional time.
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-249.19, to read:
83	83
84	84	START_STATUTE15-249.19. School-based health centers; parental consent; allowable health care services; medical records; grant program; annual report; fund; definition
85	85
86	86	A. A school district or charter school may contract with a health care provider, health system or community partner to establish a school-based health center in or near a school facility for the purpose of providing services beyond the scope of school nursing services, subject to the following requirements:
87	87
88	88	1. The school-based health center is a separate legal entity from the public school and is administered by a health care provider, health system or community partner.
89	89
90	90	2. Student participation in services provided by a school-based health center is voluntary. A school-based health center, school district or charter school may not offer an incentive to a student or parent of a student in exchange for the student's participation in services provided by the school-based health center.
91	91
92	92	3. A school-based health center provides comprehensive primary health care services during school hours to students in accordance with established standards, community practice, legal reporting requirements and other laws of this state, including parental consent and notification requirements that are consistent with federal laws.
93	93
94	94	4. All services THAT are provided at a school-based health center are provided by a licensed health care professional in accordance with applicable laws.
95	95
96	96	5. EAch health care professional in a school-based health center maintains medical records in accordance with the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936) and any federal regulations adopted to implement the health insurance portability and accountability act of 1996.
97	97
98	98	6. The school-based health center accepts payment FOR services through medical billing, private pay and financial assistance.
99	99
100	100	7. The school-based health center provides health care services to patients regardless of ability to pay.
101	101
102	102	8. All employees of the school-based health center are subject to the same fingerprint check or fingerprint clearance card requirements that the school district or charter school applies to noncertificated personnel in the school district or charter school pursuant to sections 15-183 and 15-512.
103	103
104	104	9. Except as required by law, a school district, charter school or corporation may not access a student's medical records.
105	105
106	106	10. A school-based HEALTH center may not perform abortion services.
107	107
108	108	B. A health care professional in a school-based health center may provide school nursing services, including:
109	109
110	110	1. Hearing evaluation services pursuant to title 36, chapter 7.2, article 1.
111	111
112	112	2. Vision screening services pursuant to title 36, chapter 7.2, article 2.
113	113
114	114	3. Basic first aid.
115	115
116	116	4. Contacting a student's parents if the student is ill or injured.
117	117
118	118	5. Coordinating emergency services for a student as needed.
119	119
120	120	6. Dispensing over-the-counter medications. FOr the purposes of this paragraph, the health care professional shall obtain consent from a student's parent before dispensing medication to the student.
121	121
122	122	7. Dispensing prescription medication according to the prescribing health care professional's instructions and, if dispensing prescription medication to a student, with prior consent of the student's parent as provided in section 15-344.
123	123
124	124	C. If health care services are provided to a patient in a school-based health center through telehealth, the treating health care professional must obtain verbal or written informed consent from the patient or the patient's health care decision maker before providing the health care services and must document the informed consent in the patient's medical records.
125	125
126	126	D. Notwithstanding any other law, a school-based health center, including any health care professional in a school-based health center, may not provide or arrange any of the following services for a student without first obtaining written or verbal consent from the student's parent and, if consent is obtained through a telehealth visit, verifying the parent's identity:
127	127
128	128	1. Mental health screening or mental health treatment. This paragraph does not apply if an emergency exists that requires a health care professional to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of the student or another person.
129	129
130	130	2. Initiating or conducting a telehealth appointment with a health care professional.
131	131
132	132	3. DIAGNOSING or treating a sexually transmitted infection.
133	133
134	134	4. Providing substance use counseling or treatment.
135	135
136	136	5. Providing pregnancy testing.
137	137
138	138	6. Providing prenatal care.
139	139
140	140	7. Providing contraceptives, including emergency contraception.
141	141
142	142	8. Administering vaccines, including immunization against the human papillomavirus.
143	143
144	144	E. If the patient in a school-based health center is a student, the following requirements apply:
145	145
146	146	1. The student's parent or an adult approved by the student's parent must be present, physically or virtually, when the student receives health care services. A student's parent may waive the requirement prescribed in this paragraph.
147	147
148	148	2. If health care services are provided to a student through telehealth, the health care provider shall do both of the following:
149	149
150	150	(a) Obtain written informed consent from the student's parent before providing the health care services. For the purposes of this subdivision, written informed consent may be provided electronically.
151	151
152	152	(b) Enter a full summary of the appointment into the student's medical records and provide a copy of the summary to the student's parent.
153	153
154	154	3. The school-based health center shall provide the student's parent with access to all of the student's written records, electronic records and electronic accounts that are maintained by the school-based health center, including:
155	155
156	156	(a) Counseling records.
157	157
158	158	(b) Psychological records.
159	159
160	160	(c) Medication records, including any over-the-counter medications that are administered to the student.
161	161
162	162	(d) Clinic notes.
163	163
164	164	(e) Health and immunization information, including medical records that are maintained by a health clinic or medical facility that is operated or controlled by the school district or charter school or that is located on the school district's or charter school's property.
165	165
166	166	F. A school district or charter school that has established or is seeking to establish a school-based health center pursuant to subsection A of this section may not enter Any contract or agreement, including an agreement in connection with a grant program, that requires the school district or charter school to violate this section.
167	167
168	168	G. A student's parent may bring an action against a school-based health center in the superior court in the county in which the school district or charter school is located for failure to comply with any requirement prescribed in subsection D or E of this section. This subsection does not preclude any other remedies available to a student's parent at law or in equity.
169	169
170	170	H. The school-based health center grant program is established within the department of education. The department may adopt rules or policies to implement this program, including grant application requirements. The department may award a grant to a school district or charter school in this state for the purpose of establishing a school-based health center pursuant to subsection A of this section. A school district or charter school that receives a grant pursuant to this subsection must annually report to the department all of the following information:
171	171
172	172	1. For students who received health care services in the school-based health center during the previous year:
173	173
174	174	(a) The number of students who received telehealth services.
175	175
176	176	(b) The average time that each student spent in the health office.
177	177
178	178	(c) The average wait time for each student.
179	179
180	180	(d) The average number of school absences after a student received health care services.
181	181
182	182	(e) The percentage of students who returned to class on the same day that the student received health care services.
183	183
184	184	(f) The percentage of appointments in which a student's parent was present.
185	185
186	186	(g) The percentage of appointments in which a student's parent was not present.
187	187
188	188	2. Survey results regarding parents' satisfaction with the school-based health center and the health care services provided.
189	189
190	190	3. Survey results regarding schoolteachers', employees' and administrators' satisfaction with the school-based health center and the health care services provided.
191	191
192	192	I. The school-based health center grant program fund is established consisting of legislative appropriations and grants, gifts, devises and donations from any public or private source. The department of education shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
193	193
194	194	J. For the purposes of this section, "parent" means a parent, guardian or legal custodian of a student who is not an emancipated minor. END_STATUTE
195	195
196	196	Sec. 2. Appropriation; department of education; student-based health centers
197	197
198	198	The sum of $3,000,000 is appropriated from the state general fund in fiscal year 2024-2025 to the school-based health center grant program fund established by section 15-249.19, Arizona Revised Statutes, as added by this act.
199	199
200	200	Sec. 3. Intent
201	201
202	202	The legislature intends to reduce the amount of time that students spend out of the classroom because of injury or illness by providing infrastructure for integrated health care services to be provided at school district and charter school campuses through school-based health centers. The establishment of school-based health centers allows school personnel to focus on administrative duties, school curricula and instructional time.