WES MOORE, Governor Ch. 195
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Chapter 195
(House Bill 522)
AN ACT concerning
Public Schools – Student Telehealth Appointments – Policy State Guidelines,
Policies, and Access
FOR the purpose of requiring the State Department of Education and the Maryland
Department of Health jointly to adopt certain State guidelines for school health
services regarding student access to telehealth appointments during the school day in
public middle and high schools in the State; requiring each county board of education
to establish a policy to accommodate students who need to participate in telehealth
appointments during the school day; requiring each public middle and high school to
designate a space that meets certain requirements for student telehealth
appointments certain student telehealth policy; and generally relating to student
access to telehealth in public schools.
BY adding to
Article – Education
Section 4–142
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
4–142.
(A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING
HEALTH CARE SERVICES THROUGH THE US E OF TELECOMMUNICATI ONS
TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT
PHYSICAL LOCATION TH AN THE HEALTH CARE P RACTITIONER.
(B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE
STUDENTS WHO NEED TO PARTICIPATE IN TELEHEALTH APPOINTME NTS
SCHEDULED DURING THE SCHOOL DAY.
(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
SHALL REQUIRE EACH M IDDLE AND HIGH SCHOO L TO:
(1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS
THAT: Ch. 195 2024 LAWS OF MARYLAND
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(I) IS A PRIVATE SPACE IN THE SCHOOL ;
(II) HAS INTERNET ACCESS ;
(III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT
SURFACE AND ELECTRIC AL OUTLET NEARBY TO ACCOMMODATE PLACEMEN T OF A
LAPTOP DEVICE ; AND
(IV) IS NOT A BATHROOM OR CLOSET; AND
(2) IMPLEMENT MEASURES TO ENSURE T HE SAFETY AND PRIVAC Y OF
A STUDENT PARTICIPAT ING IN A TELEHEALTH APPOINTMENT .
(B) (1) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT AND THE
MARYLAND DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
STAKEHOLDERS DESCRIB ED IN PARAGRAPH (2) OF THIS SUBSECTION , JOINTLY
SHALL DEVELOP STATE GUIDELINES FOR SCHOOL HEALTH SERVIC ES REGARDING
THE AVAILABILITY FOR STUDENT PARTICIPATIO N IN TELEHEALTH APPO INTMENTS
DURING THE SCHOOL DA Y ON THE PREMISES OF PUBLIC MIDDLE AND HI GH SCHOOLS
IN THE STATE.
(2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
HEALTH SHALL CONSULT WITH A BROAD RANGE O F STAKEHOLDERS IN DE VELOPING
THE STATE GUIDELINES UNDE R PARAGRAPH (1) OF THIS SUBSECTION , INCLUDING:
(I) LOCAL SCHOOL SYSTEMS ;
(II) MIDDLE AND HIGH SCHOO L PRINCIPALS;
(III) SCHOOL NURSES , OTHER SCHOOL –BASED HEALTH AND
BEHAVIORAL HEALTH PR OVIDERS, AND OTHER SUPPORT PE RSONNEL;
(IV) HEALTH CARE PROVIDERS OF VARIOUS PRACTICE AREAS;
(V) PARENTS; AND
(VI) THE MARYLAND CONSORTIUM ON COORDINATED
COMMUNITY SUPPORTS.
(3) IN DEVELOPING THE STATE GUIDELINES UNDE R PARAGRAPH (1)
OF THIS SUBSECTION , THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
HEALTH SHALL CONSIDER OPERATIONAL , LEGAL, AND FINANCIAL ISSUES ,
INCLUDING: WES MOORE, Governor Ch. 195
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(I) EQUITY AND PRIORITIZAT ION OF ACCESS;
(II) STUDENT AND PARENTAL RIGHTS AND RESPONSIB ILITIES,
INCLUDING STUDENT PR IVACY, INFORMED CONSENT , PARENTAL CONSENT , AND
COMMUNICATIONS WITH PARENTS;
(III) SCHOOL SYSTEM RIGHTS AND RESPONSIBILITIES ;
(IV) THE ROLE AND RESPONSIBIL ITIES OF HEALTH CARE
PROVIDERS PROVIDING TELEHEALTH SERVICES , INCLUDING INFORMED C ONSENT,
COLLECTION OF MEDICA L HISTORY AND INSURA NCE INFORMATION , FOLLOW–UP
CARE, AND PATIENT COMMUNIC ATIONS;
(V) THE ROLE AND RESPONSI BILITIES OF SCHO OL NURSES AND
OTHER SCHOOL –BASED HEALTH , BEHAVIORAL HEALTH , AND OTHER SUPPORT
PERSONNEL;
(VI) THE ROLE OF THE STUDE NT HEALTH PLAN ;
(VII) TELEHEALTH SERVICES R ELATED TO A STUDENT ’S
INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN;
(VIII) PROTOCOLS TO PROVIDE IN–PERSON SUPPORT IF
TELEHEALTH APPOINTME NTS CREATE A CHALLEN GE TO A STUDENT RETU RNING TO
THE CLASSROOM , ESPECIALLY RELATING TO MENTAL HEALTH COU NSELING OR
TREATMENT ;
(IX) PROTOCOLS FOR MISSED INSTRUCTION DUE TO S TANDING
OR CONSISTENTLY SCHEDULED APPO INTMENTS;
(X) OPERATIONAL ISSUES , INCLUDING COORDINATI ON OF
SERVICES, APPROVAL AND VERIFIC ATION OF APPOINTMENT S, INCLUDING
APPOINTMENTS WITHOUT PARENTAL KNOWLEDGE O R CONSENT, SCHOOL RESOURCE
ALLOCATION, AND THE USE OF TREAT MENT SPACE;
(XI) SCHOOL SYSTEM , PARENT, AND HEALTH CARE PROV IDER
LIABILITY;
(XII) HEALTH INSURANCE , INCLUDING MEDICAID;
(XIII) THE FEASIBILITY OF DE SIGNATING A SCHOOL B UILDING
SPACE THAT:
Ch. 195 2024 LAWS OF MARYLAND
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1. IS PRIVATE AND SAFE T O ALLOW FOR CONFIDEN TIAL
CONVERSATIO N BETWEEN A HEALTH C ARE PROVIDER AND A S TUDENT;
2. HAS INTERNET ACCESS ;
3. INCLUDES AT LEAST ONE SEATING OPTION WITH A
FLAT SURFACE AND A N EARBY ELECTRICAL OUT LET TO ACCOMMODATE P LACEMENT
OF A LAPTOP DEVICE ; AND
4. IS NOT A BATHROOM OR CLOSET; AND
(XIV) ANY OTHER ISSUES DETE RMINED RELEVANT BY T HE
DEPARTMENT , THE MARYLAND DEPARTMENT OF HEALTH, OR A STAKEHOLDER .
(4) THE STATE BOARD SHALL ADOPT THE STATE GUIDELINES
DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION .
(C) BEFORE THE ST ART OF THE 2025–2026 SCHOOL YEAR , EACH COUNTY
BOARD SHALL ADOPT AN D IMPLEMENT A STUDEN T TELEHEALTH POLICY IN
ACCORDANCE WITH THE STATE GUIDELINES ADOP TED UNDER SUBSECTION (B) OF
THIS SECTION.
(D) EACH COUNTY BOARD SHA LL ENSURE THAT THE L OCAL SCHOOL
SYSTEM:
(1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT
HANDBOOK ; AND
(2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH
POLICY OBJECTIVES AN D REQUIREMENTS .
(E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL
ASSISTANCE TO A COUN TY BOARD TO ESTABLISH THE STUDENT TELEHEAL TH
POLICY REQUIRED UNDE R THIS SECTION.
(F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE:
(1) REQUIRE A SCHOOL TO CONSTRUC T AN ADDITION OR A N EW
SPACE TO A SCHOOL BU ILDING TO PROVIDE A PRIVATE SPACE TO COMPLY WITH THE
STUDENT TELEHEALTH P OLICY REQUIRED UNDER THIS SECTION; OR
(2) ALTER THE RESPONSIBIL ITIES OF A HEALTH CA RE PROVIDER
REGARDING THE DISCLO SURE OF MEDICAL RECO RDS UNDER TITLE 4, SUBTITLE 3 WES MOORE, Governor Ch. 195
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OF THE HEALTH – GENERAL ARTICLE, INCLUDING THE AUTHORITY TO DISCLOS E A
MEDICAL RECORD IN TH E CASE OF AN EMERGEN CY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, April 25, 2024.