IN
Indiana Senate Bill SB0321

Indiana 2023 Regular Session

Indiana Senate Bill SB0321 Compare Versions

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1-*ES0321.2*
2-Reprinted
3-April 4, 2023
1+*ES0321.1*
2+March 23, 2023
43 ENGROSSED
54 SENATE BILL No. 321
65 _____
7-DIGEST OF SB 321 (Updated April 3, 2023 3:23 pm - DI 149)
8-Citations Affected: IC 20-26.
6+DIGEST OF SB 321 (Updated March 22, 2023 3:49 pm - DI 143)
7+Citations Affected: IC 20-26; IC 20-34.
98 Synopsis: Student health matters. Allows a school corporation to
109 contract with a health care provider, health system, or community
11-partner to establish a school based health center (center) and provide
12-services to certain students. Sets forth requirements to establish a
13-center. Provides that the state board shall amend any rules necessary to
14-comply with the requirements to establish a center.
10+partner to establish a school based health center (center). Sets forth
11+requirements to establish a center. Provides that, notwithstanding state
12+or federal law, a school may not conduct a physical or mental
13+assessment or treatment of a student unless the physical or mental
14+assessment or treatment is related to an illness or accident that occurred
15+during school hours or on or near school property.
1516 Effective: July 1, 2023.
1617 Zay, Baldwin
1718 (HOUSE SPONSORS — TESHKA, KING)
1819 January 12, 2023, read first time and referred to Committee on Insurance and Financial
1920 Institutions.
2021 February 9, 2023, amended, reported favorably — Do Pass.
2122 February 13, 2023, read second time, amended, ordered engrossed.
2223 February 14, 2023, engrossed. Read third time, passed. Yeas 49, nays 0.
2324 HOUSE ACTION
2425 February 28, 2023, read first time and referred to Committee on Education.
2526 March 23, 2023, amended, reported — Do Pass.
26-March 28, 2023, read second time, call withdrawn.
27-April 3, 2023, re-read second time, amended, ordered engrossed.
28-ES 321—LS 7136/DI 147 Reprinted
29-April 4, 2023
27+ES 321—LS 7136/DI 147 March 23, 2023
3028 First Regular Session of the 123rd General Assembly (2023)
3129 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3230 Constitution) is being amended, the text of the existing provision will appear in this style type,
3331 additions will appear in this style type, and deletions will appear in this style type.
3432 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3533 provision adopted), the text of the new provision will appear in this style type. Also, the
3634 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3735 a new provision to the Indiana Code or the Indiana Constitution.
3836 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3937 between statutes enacted by the 2022 Regular Session of the General Assembly.
4038 ENGROSSED
4139 SENATE BILL No. 321
4240 A BILL FOR AN ACT to amend the Indiana Code concerning
4341 education.
4442 Be it enacted by the General Assembly of the State of Indiana:
4543 1 SECTION 1. IC 20-26-21.5 IS ADDED TO THE INDIANA CODE
4644 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
4745 3 JULY 1, 2023]:
4846 4 Chapter 21.5. School Health Services
4947 5 Sec. 1. As used in this chapter, "health care provider" has the
5048 6 meaning set forth in IC 16-18-2-163(a).
5149 7 Sec. 2. As used in this chapter, "health records" has the
5250 8 meaning set forth in IC 16-18-2-168(a).
5351 9 Sec. 3. As used in this chapter, "informed consent" has the
5452 10 meaning set forth in IC 16-36-7-16.
5553 11 Sec. 4. As used in this chapter, "school based health center"
5654 12 means a health clinic that:
5755 13 (1) is located in or near a school or school facility of a school
5856 14 corporation;
5957 15 (2) is organized or promoted through school, community, or
60-16 health care provider relationships; and
61-17 (3) provides primary health services to a student of the school
58+16 health care provider relationships;
59+17 (3) provides primary health services to children by health
6260 ES 321—LS 7136/DI 147 2
63-1 corporation on a day that the student is in attendance at
64-2 school by health care providers, in accordance with state and
65-3 federal law.
61+1 care providers, in accordance with state and federal law; and
62+2 (4) meets any other requirements necessary for the operation
63+3 of a school based health center.
6664 4 Sec. 5. (a) As used in this chapter, "school nursing services"
6765 5 refers to the responsibilities of a school nurse as described in
6866 6 IC 20-34-3-6.
6967 7 (b) The term does not include services provided:
7068 8 (1) in a school based health center; or
7169 9 (2) by an individual who is not employed by the school.
72-10 Sec. 6. School nursing services must be provided in accordance
73-11 with:
74-12 (1) all state and federal laws and regulations; and
75-13 (2) the applicable standard of care.
76-14 Sec. 7. A school corporation may contract with a health care
77-15 provider, health system, or community partner to establish a
78-16 school based health center for the purpose of providing services to
79-17 students beyond the scope of school nursing services if the
80-18 following requirements are met:
81-19 (1) The school based health center must be a distinct legal
82-20 entity that is separate from the school corporation.
83-21 (2) The establishment of a school based health center may not
84-22 replace the role of school nurses who are employed by the
85-23 school corporation to provide first aid and emergency
86-24 services.
87-25 (3) Student participation in services provided by a school
88-26 based health center must be voluntary.
89-27 (4) The school based health center or school corporation may
90-28 not offer an incentive to a student or parent of a student in
91-29 exchange for participation in services provided by the school
92-30 based health center.
93-31 (5) A student, if the student is an emancipated minor, or the
94-32 student's parent (as defined in IC 20-18-2-13), if the student
95-33 is an unemancipated minor, must provide written informed
96-34 consent as described in IC 16-36-7-16 for the student to
97-35 receive services at a school based health center.
98-36 (6) If the student is an unemancipated minor:
99-37 (A) the parent; or
100-38 (B) an adult approved by the parent;
101-39 must be present at the time the student receives services at a
102-40 school based health center.
103-41 (7) Services provided at a school based health center must be
104-42 provided by a health care provider.
70+10 Sec. 6. (a) Except as provided in subsection (b), a school
71+11 corporation may employ at least one (1) registered nurse who holds
72+12 a bachelor of science in nursing to coordinate school nursing
73+13 services in the school corporation.
74+14 (b) A school corporation may employ a registered nurse who
75+15 does not hold a bachelor of science in nursing to coordinate school
76+16 nursing services in the school corporation if the registered nurse:
77+17 (1) was employed by the school corporation on June 30, 2000,
78+18 to coordinate health services; and
79+19 (2) has been continuously employed by the school corporation
80+20 to coordinate health services described in subdivision (1) since
81+21 June 30, 2000.
82+22 Sec. 7. If a school corporation provides school nursing services,
83+23 the services must be provided to students in accordance with:
84+24 (1) all state and federal laws and regulations; and
85+25 (2) the applicable standard of care.
86+26 Sec. 8. A school corporation may contract with a health care
87+27 provider, health system, or community partner to establish a
88+28 school based health center for the purpose of providing services to
89+29 students beyond the scope of school nursing services if the
90+30 following requirements are met:
91+31 (1) The school based health center must be a distinct legal
92+32 entity that is separate from the school corporation.
93+33 (2) The establishment of a school based health center may not
94+34 replace the role of school nurses who are employed by the
95+35 school corporation to provide first aid and emergency
96+36 services.
97+37 (3) Student participation in services provided by a school
98+38 based health center must be voluntary.
99+39 (4) The school based health center or school corporation may
100+40 not offer an incentive to a student or parent of a student in
101+41 exchange for participation in services provided by the school
102+42 based health center.
105103 ES 321—LS 7136/DI 147 3
106-1 (8) A health care provider employed by or working in a school
107-2 based health center must maintain health records in
108-3 accordance with the federal Health Insurance Portability and
109-4 Accountability Act (HIPAA).
110-5 (9) Except as required by law, a school or school corporation
111-6 may not access a student's health records.
112-7 (10) A school, school corporation, or health care provider may
113-8 not be obligated to violate this section, including participating
114-9 in a grant program that requires a school, school corporation,
115-10 or health care provider to violate this section.
116-11 Sec. 8. The state board shall amend any rules necessary to
117-12 comply with this chapter.
104+1 (5) A student, if the student is an emancipated minor, or the
105+2 student's parent or guardian, if the student is an
106+3 unemancipated minor, must provide written informed consent
107+4 as described in IC 16-36-7-16 for the student to receive
108+5 services at a school based health center, and the parent of a
109+6 student, if the student is an unemancipated minor, must be
110+7 present at the time the student receives services at a school
111+8 based health center.
112+9 (6) Services provided at a school based health center must be
113+10 provided by a health care provider.
114+11 (7) A health care provider employed by or working in a school
115+12 based health center must maintain health records in
116+13 accordance with the federal Health Insurance Portability and
117+14 Accountability Act (HIPAA).
118+15 (8) Except as required by law, a school or school corporation
119+16 may not access a student's health records.
120+17 (9) A school, school corporation, or health care provider may
121+18 not be obligated to violate this section, including participating
122+19 in a grant program that requires a school, school corporation,
123+20 or health care provider to violate this section.
124+21 Sec. 9. The state board shall amend any rules necessary to
125+22 comply with this chapter.
126+23 SECTION 2. IC 20-34-3-6, AS ADDED BY P.L.1-2005, SECTION
127+24 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
128+25 2023]: Sec. 6. (a) The governing body of a school corporation may
129+26 appoint one (1) or more school physicians and one (1) or more nurses
130+27 who are registered to practice nursing in Indiana.
131+28 (b) A nurse appointed under this section is responsible for
132+29 emergency nursing care of students when an illness or accident occurs
133+30 during school hours or on or near school property.
134+31 (c) Notwithstanding any physical or mental assessment or
135+32 treatment required or permitted under state or federal law, a
136+33 school may not conduct a physical or mental assessment or
137+34 treatment of a student unless the physical or mental assessment or
138+35 treatment is related to an illness or accident that occurred during
139+36 school hours or on or near school property.
118140 ES 321—LS 7136/DI 147 4
119141 COMMITTEE REPORT
120142 Madam President: The Senate Committee on Insurance and
121143 Financial Institutions, to which was referred Senate Bill No. 321, has
122144 had the same under consideration and begs leave to report the same
123145 back to the Senate with the recommendation that said bill be
124146 AMENDED as follows:
125147 Page 1, delete lines 1 through 17.
126148 Delete page 2.
127149 Page 3, delete lines 1 through 15.
128150 Page 4, delete lines 8 through 42.
129151 Delete page 5.
130152 Page 6, delete lines 1 through 2.
131153 Page 6, delete lines 19 through 42.
132154 Delete pages 7 through 9.
133155 Renumber all SECTIONS consecutively.
134156 and when so amended that said bill do pass.
135157 (Reference is to SB 321 as introduced.)
136158 BALDWIN, Chairperson
137159 Committee Vote: Yeas 9, Nays 0.
138160 _____
139161 SENATE MOTION
140162 Madam President: I move that Senate Bill 321 be amended to read
141163 as follows:
142164 Page 2, line 33, after "subsection (a)." insert "However, a school
143165 corporation shall not include in a student's high school transcript:
144166 (1) any information from the student's immunization record
145167 that is kept by the student's school under IC 20-34-4-1; or
146168 (2) any other health related record concerning the student.".
147169 (Reference is to SB 321 as printed February 10, 2023.)
148170 ZAY
149171 ES 321—LS 7136/DI 147 5
150172 COMMITTEE REPORT
151173 Mr. Speaker: Your Committee on Education, to which was referred
152174 Senate Bill 321, has had the same under consideration and begs leave
153175 to report the same back to the House with the recommendation that said
154176 bill be amended as follows:
155177 Delete everything after the enacting clause and insert the following:
156178 (SEE TEXT OF BILL)
157179 and when so amended that said bill do pass.
158180 (Reference is to SB 321 as reprinted February 14, 2023.)
159181 BEHNING
160182 Committee Vote: yeas 12, nays 0.
161-_____
162-HOUSE MOTION
163-Mr. Speaker: I move that Engrossed Senate Bill 321 be amended to
164-read as follows:
165-Page 2, delete lines 10 through 23, begin a new paragraph and
166-insert:
167-"Sec. 6. School nursing services must be provided in accordance
168-with:".
169-Page 2, line 26, delete "8." and insert "7.".
170-Page 3, line 21, delete "9." and insert "8.".
171-Page 3, delete lines 23 through 36.
172-(Reference is to ESB 321 as printed March 23, 2023.)
173-TESHKA
174-_____
175-HOUSE MOTION
176-Mr. Speaker: I move that Engrossed Senate Bill 321 be amended to
177-read as follows:
178-Page 1, line 16, after "relationships;" insert "and".
179-Page 1, line 17, delete "children" and insert "a student of the school
180-corporation on a day that the student is in attendance at school".
181-ES 321—LS 7136/DI 147 6
182-Page 2, line 1, delete "; and" and insert ".".
183-Page 2, delete lines 2 through 3.
184-Page 3, line 2, delete "or guardian," and insert "(as defined in
185-IC 20-18-2-13),".
186-Page 3, line 5, after "center" delete "," and insert ".".
187-Page 3, line 5, delete "and the parent of a", begin a new line block
188-indented and insert:
189-"(6) If the student is an unemancipated minor:
190-(A) the parent; or
191-(B) an adult approved by the parent;
192-must be present at the time the student receives services at a
193-school based health center.".
194-Page 3, delete lines 6 through 8.
195-Page 3, line 9, delete "(6)" and insert "(7)".
196- Page 3, line 11, delete "(7)" and insert "(8)".
197-Page 3, line 15, delete "(8)" and insert "(9)".
198-Page 3, line 17, delete "(9)" and insert "(10)".
199-(Reference is to ESB 321 as printed March 23, 2023.)
200-MELTZER
201183 ES 321—LS 7136/DI 147