GREEN SHEET REDIGEST
HB 766 2018 Regular Session Pierre
HEALTH/BEHAVIORAL: Provides for access to behavioral health services providers
in schools.
DIGEST
Proposed law provides that a public school governing authority shall not prohibit a
behavioral health provider from providing behavioral health services to a student at school
during school hours if requested by the student's parent or legal guardian. Authorizes such
governing authorities to adopt policies to implement proposed law that include the following:
(1)A behavioral health provider shall maintain general liability insurance coverage in
an amount not less than one million dollars per occurrence and one million dollars
per aggregate and provide a certificate of insurance naming the public school as the
certificate holder.
(2)A behavioral health provider shall complete a criminal background check conducted
by the Louisiana State Police and pay all related costs.
(3)Behavioral health services shall be permitted during school hours if the student's
parent or legal guardian presents a behavioral health evaluation performed by an
evaluator chosen by the parent or legal guardian and the evaluation indicates that the
services are necessary during school hours to assist the student with behavioral health
impairments that the evaluator determines are interfering with the student's ability to
thrive in the educational setting.
(4)Behavioral health services may be provided during instructional time in English,
reading, mathematics, and science if the public school governing authority and the
behavioral health provider agree that it is in the best interest of the student.
(5)A public school governing authority shall not enter into a contract or an exclusive
agreement with a behavioral health provider that prohibits the parent or legal
guardian from choosing the behavioral health provider for the student.
(6)The cost of all behavioral health services provided to a student shall be the sole
responsibility of the parent or legal guardian.
(7)A public school governing authority may provide for sanctions against a behavioral
health provider for failure to comply with the governing authority's policy.
Provides that the failure of a public school governing authority to adopt a policy shall not
prohibit the provision of behavioral health services to a student as provided in proposed law.
Defines "behavioral health provider", "behavioral health services", and "evaluator" for
purposes of proposed law.
(Adds R.S. 17:173 and 3996(B)(45))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add that public school governing authorities may adopt policies to implement
proposed law; list matters to be included in such policies.
2. Define "evaluator".
Page 1 of 2
Prepared by Christine Arbo Peck. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Provides that the behavioral health provider shall maintain general liability
insurance coverage in an amount not less than one million dollars per occurrence
and one million dollars per aggregate and provide a certificate of insurance
naming the public school as the certificate holder.
2. Provides that the required criminal background check shall be conducted by the
Louisiana State Police.
3. Provides that a "behavioral health provider", as defined in proposed law, shall be
licensed by the Louisiana Department of Health or a health profession licensing
board and be in good standing.
Page 2 of 2
Prepared by Christine Arbo Peck.