EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
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amendment.
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*hb0522*
HOUSE BILL 522
F1 (4lr0740)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment —
Introduced by Delegates D. Jones and Fair, Fair, Ebersole, Feldmark, Grossman,
Mireku–North, Palakovich Carr, Patterson, Vogel, Wells, and Wilkins
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Public Schools – Student Telehealth Appointments – Policy State Guidelines, 2
Policies, and Access 3
FOR the purpose of requiring the State Department of Education and the Maryland 4
Department of Health jointly to adopt certain State guidelines for school health 5
services regarding student access to telehealth appointments during the school day in 6
public middle and high schools in the State; requiring each county board of education 7
to establish a policy to accommodate students who need to participate in telehealth 8
appointments during the school day; requiring each public middle and high school to 9
designate a space that meets certain requirements for student telehealth 10
appointments certain student telehealth policy; and generally relating to student 11
access to telehealth in public schools. 12
BY adding to 13 2 HOUSE BILL 522
Article – Education 1
Section 4–142 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2023 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Education 7
4–142. 8
(A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING 9
HEALTH CARE SERVICES THROUGH THE USE OF T ELECOMMUNICATIONS 10
TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT 11
PHYSICAL LOCATION TH AN THE HEALTH CARE PRACTITI ONER. 12
(B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE 13
STUDENTS WHO NEED TO PARTICIPATE IN TELEH EALTH APPOINTMENTS 14
SCHEDULED DURING THE SCHOOL DAY. 15
(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 16
SHALL REQUIRE EACH MIDDLE A ND HIGH SCHOOL TO : 17
(1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS 18
THAT: 19
(I) IS A PRIVATE SPACE IN THE SCHOOL; 20
(II) HAS INTERNET ACCESS ; 21
(III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT 22
SURFACE AND ELECTRICAL OUTLET NE ARBY TO ACCOMMODATE PLACEMENT OF A 23
LAPTOP DEVICE ; AND 24
(IV) IS NOT A BATHROOM OR CLOSET; AND 25
(2) IMPLEMENT MEASURES TO ENSURE THE SAFETY AN D PRIVACY OF 26
A STUDENT PARTICIPAT ING IN A TELEHEALTH APPOINTMENT . 27
(B) (1) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT AND THE 28
MARYLAND DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE 29
STAKEHOLDERS DESCRIB ED IN PARAGRAPH (2) OF THIS SUBSECTION , JOINTLY 30
SHALL DEVELOP STATE GUIDELINES FOR SCHOOL HEALTH SERVIC ES REGARDING 31
THE AVAILABILITY FOR STUDENT PARTICIPATION IN TEL EHEALTH APPOINTMENTS 32 HOUSE BILL 522 3
DURING THE SCHOOL DA Y ON THE PREMISES OF PUBLIC MIDDLE AND HI GH SCHOOLS 1
IN THE STATE. 2
(2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 3
HEALTH SHALL CONSULT WITH A BROAD RANGE O F STAKEHOLDERS IN DEVELOPING 4
THE STATE GUIDELINES UNDE R PARAGRAPH (1) OF THIS SUBSECTION , INCLUDING: 5
(I) LOCAL SCHOOL SYSTEMS ; 6
(II) MIDDLE AND HIGH SCHOO L PRINCIPALS; 7
(III) SCHOOL NURSES , OTHER SCHOOL –BASED HEALTH AND 8
BEHAVIORAL HEALTH PR OVIDERS, AND OTHER SUPPORT PERSONNEL ; 9
(IV) HEALTH CARE PROVIDERS OF VARIOUS PRACTICE AREAS; 10
(V) PARENTS; AND 11
(VI) THE MARYLAND CONSORTIUM ON COORDINATED 12
COMMUNITY SUPPORTS. 13
(3) IN DEVELOPING THE STATE GUIDELINES UNDE R PARAGRAPH (1) 14
OF THIS SUBSECTION , THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 15
HEALTH SHALL CONSIDER OPERATIONAL , LEGAL, AND FINANCIAL ISSUES , 16
INCLUDING: 17
(I) EQUITY AND PRIORITIZA TION OF ACCESS; 18
(II) STUDENT AND PARENTAL RIGHTS AND RESPONSIB ILITIES, 19
INCLUDING STUDENT PR IVACY, INFORMED CONSENT, PARENTAL CONSENT , AND 20
COMMUNICATIONS WITH PARENTS; 21
(III) SCHOOL SYSTEM RIGHTS AND RESPONSIBILITIES ; 22
(IV) THE ROLE AND RESPONSI BILITIES OF HEALTH C ARE 23
PROVIDERS PROVIDING TELEHEALTH SERVICES , INCLUDING INFORMED C ONSENT, 24
COLLECTION OF MEDIC AL HISTORY AND INSUR ANCE INFORMATION , FOLLOW–UP 25
CARE, AND PATIENT COMMUNIC ATIONS; 26
(V) THE ROLE AND RESPONSI BILITIES OF SCHOOL N URSES AND 27
OTHER SCHOOL –BASED HEALTH , BEHAVIORAL HEALTH , AND OTHER SUPPORT 28
PERSONNEL; 29
(VI) THE ROLE OF THE STUDE NT HEALTH PLAN; 30 4 HOUSE BILL 522
(VII) TELEHEALTH SERVICES R ELATED TO A STUDENT ’S 1
INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN; 2
(VIII) PROTOCOLS TO PROVIDE IN–PERSON SUPPORT IF 3
TELEHEALTH APPOINTME NTS CREATE A CHALLEN GE TO A STUDENT RETU RNING TO 4
THE CLASSROOM , ESPECIALLY RELATING TO MEN TAL HEALTH COUNSELIN G OR 5
TREATMENT ; 6
(IX) PROTOCOLS FOR MISSED INSTRUCTION DUE TO S TANDING 7
OR CONSISTENTLY SCHE DULED APPOINTMENTS ; 8
(X) OPERATIONAL ISSUES , INCLUDING COORDINATI ON OF 9
SERVICES, APPROVAL AND VERIFIC ATION OF APPOINTMENTS , INCLUDING 10
APPOINTMENTS WITHOUT PARENTAL KNOWLEDGE O R CONSENT, SCHOOL RESOURCE 11
ALLOCATION, AND THE USE OF TREAT MENT SPACE; 12
(XI) SCHOOL SYSTEM , PARENT, AND HEALTH CARE PROV IDER 13
LIABILITY; 14
(XII) HEALTH INSURANCE , INCLUDING MEDICAID; 15
(XIII) THE FEASIBILITY OF DE SIGNATING A SCHOOL B UILDING 16
SPACE THAT: 17
1. IS PRIVATE AND SAFE T O ALLOW FOR CONFIDEN TIAL 18
CONVERSATION BETWEEN A HEALTH CARE PROVID ER AND A STUDENT ; 19
2. HAS INTERNET ACCESS ; 20
3. INCLUDES AT LEAST ONE SEATING OPTION W ITH A 21
FLAT SURFACE AND A N EARBY ELECTRICAL OUT LET TO ACCOMMODATE P LACEMENT 22
OF A LAPTOP DEVICE ; AND 23
4. IS NOT A BATHROOM OR CLOSET; AND 24
(XIV) ANY OTHER ISSUES DETE RMINED RELEVANT BY T HE 25
DEPARTMENT , THE MARYLAND DEPARTMENT OF HEALTH, OR A STAKEHOLDE R. 26
(4) THE STATE BOARD SHALL ADOPT THE STATE GUIDELINES 27
DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 28
(C) BEFORE THE START OF T HE 2025–2026 SCHOOL YEAR , EACH COUNTY 29
BOARD SHALL ADOPT AN D IMPLEMENT A STUDEN T TELEHEALTH POLICY IN 30 HOUSE BILL 522 5
ACCORDANCE WITH THE STATE GUIDELINES ADOP TED UNDER SUBSECTION (B) OF 1
THIS SECTION. 2
(D) EACH COUNTY BOARD SHA LL ENSURE THAT THE L OCAL SCHOOL 3
SYSTEM: 4
(1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT 5
HANDBOOK ; AND 6
(2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH 7
POLICY OBJECTIVES AN D REQUIREMENTS . 8
(E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL 9
ASSISTANCE TO A COUN TY BOARD TO ESTABLIS H THE STUDENT TELEHE ALTH 10
POLICY REQUIRED UNDE R THIS SECTION. 11
(F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE: 12
(1) REQUIRE A SCHOOL TO CONSTRUC T AN ADDITION OR A N EW 13
SPACE TO A SCHOOL BU ILDING TO PROVIDE A PRIVATE SPACE TO COM PLY WITH THE 14
STUDENT TELEHEALTH P OLICY REQUIRED UNDER THIS SECTION; OR 15
(2) ALTER THE RESPONSIBIL ITIES OF A HEALTH CA RE PROVIDER 16
REGARDING THE DISCLO SURE OF MEDICAL RECO RDS UNDER TITLE 4, SUBTITLE 3 17
OF THE HEALTH – GENERAL ARTICLE, INCLUDING THE AUTHOR ITY TO DISCLOSE A 18
MEDICAL RECORD IN TH E CASE OF AN EMERGEN CY. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall ta ke effect July 20
1, 2024. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.