Maryland 2024 Regular Session

Maryland House Bill HB522 Compare Versions

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1- WES MOORE, Governor Ch. 195
21
3-– 1 –
4-Chapter 195
5-(House Bill 522)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0522*
810
9-Public Schools – Student Telehealth Appointments – Policy State Guidelines,
10-Policies, and Access
11+HOUSE BILL 522
12+F1 (4lr0740)
13+ENROLLED BILL
14+— Ways and Means/Education, Energy, and the Environment —
15+Introduced by Delegates D. Jones and Fair, Fair, Ebersole, Feldmark, Grossman,
16+Mireku–North, Palakovich Carr, Patterson, Vogel, Wells, and Wilkins
1117
12-FOR the purpose of requiring the State Department of Education and the Maryland
13-Department of Health jointly to adopt certain State guidelines for school health
14-services regarding student access to telehealth appointments during the school day in
15-public middle and high schools in the State; requiring each county board of education
16-to establish a policy to accommodate students who need to participate in telehealth
17-appointments during the school day; requiring each public middle and high school to
18-designate a space that meets certain requirements for student telehealth
19-appointments certain student telehealth policy; and generally relating to student
20-access to telehealth in public schools.
18+Read and Examined by Proofreaders:
2119
22-BY adding to
23- Article – Education
24-Section 4–142
25- Annotated Code of Maryland
26- (2022 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2724
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
25+Sealed with the Great Seal and presented to the Governor, for his approval this
3026
31-Article – Education
27+_______ day of _______________ at ________________________ o’clock, ________M.
3228
33-4–142.
29+______________________________________________
30+Speaker.
3431
35- (A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING
36-HEALTH CARE SERVICES THROUGH THE US E OF TELECOMMUNICATI ONS
37-TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT
38-PHYSICAL LOCATION TH AN THE HEALTH CARE P RACTITIONER.
32+CHAPTER ______
3933
40- (B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE
41-STUDENTS WHO NEED TO PARTICIPATE IN TELEHEALTH APPOINTME NTS
42-SCHEDULED DURING THE SCHOOL DAY.
34+AN ACT concerning 1
4335
44- (C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
45-SHALL REQUIRE EACH M IDDLE AND HIGH SCHOO L TO:
36+Public Schools – Student Telehealth Appointments – Policy State Guidelines, 2
37+Policies, and Access 3
4638
47- (1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS
48-THAT: Ch. 195 2024 LAWS OF MARYLAND
39+FOR the purpose of requiring the State Department of Education and the Maryland 4
40+Department of Health jointly to adopt certain State guidelines for school health 5
41+services regarding student access to telehealth appointments during the school day in 6
42+public middle and high schools in the State; requiring each county board of education 7
43+to establish a policy to accommodate students who need to participate in telehealth 8
44+appointments during the school day; requiring each public middle and high school to 9
45+designate a space that meets certain requirements for student telehealth 10
46+appointments certain student telehealth policy; and generally relating to student 11
47+access to telehealth in public schools. 12
4948
50- 2
49+BY adding to 13 2 HOUSE BILL 522
5150
52- (I) IS A PRIVATE SPACE IN THE SCHOOL ;
5351
54- (II) HAS INTERNET ACCESS ;
52+ Article – Education 1
53+Section 4–142 2
54+ Annotated Code of Maryland 3
55+ (2022 Replacement Volume and 2023 Supplement) 4
5556
56- (III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT
57-SURFACE AND ELECTRIC AL OUTLET NEARBY TO ACCOMMODATE PLACEMEN T OF A
58-LAPTOP DEVICE ; AND
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
58+That the Laws of Maryland read as follows: 6
5959
60- (IV) IS NOT A BATHROOM OR CLOSET; AND
60+Article – Education 7
6161
62- (2) IMPLEMENT MEASURES TO ENSURE T HE SAFETY AND PRIVAC Y OF
63-A STUDENT PARTICIPAT ING IN A TELEHEALTH APPOINTMENT .
62+4–142. 8
6463
65- (B) (1) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT AND THE
66-MARYLAND DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
67-STAKEHOLDERS DESCRIB ED IN PARAGRAPH (2) OF THIS SUBSECTION , JOINTLY
68-SHALL DEVELOP STATE GUIDELINES FOR SCHOOL HEALTH SERVIC ES REGARDING
69-THE AVAILABILITY FOR STUDENT PARTICIPATIO N IN TELEHEALTH APPO INTMENTS
70-DURING THE SCHOOL DA Y ON THE PREMISES OF PUBLIC MIDDLE AND HI GH SCHOOLS
71-IN THE STATE.
64+ (A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING 9
65+HEALTH CARE SERVICES THROUGH THE USE OF T ELECOMMUNICATIONS 10
66+TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT 11
67+PHYSICAL LOCATION TH AN THE HEALTH CARE PRACTITI ONER. 12
7268
73- (2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
74-HEALTH SHALL CONSULT WITH A BROAD RANGE O F STAKEHOLDERS IN DE VELOPING
75-THE STATE GUIDELINES UNDE R PARAGRAPH (1) OF THIS SUBSECTION , INCLUDING:
69+ (B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE 13
70+STUDENTS WHO NEED TO PARTICIPATE IN TELEH EALTH APPOINTMENTS 14
71+SCHEDULED DURING THE SCHOOL DAY. 15
7672
77- (I) LOCAL SCHOOL SYSTEMS ;
73+ (C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 16
74+SHALL REQUIRE EACH MIDDLE A ND HIGH SCHOOL TO : 17
7875
79- (II) MIDDLE AND HIGH SCHOO L PRINCIPALS;
76+ (1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS 18
77+THAT: 19
8078
81- (III) SCHOOL NURSES , OTHER SCHOOL –BASED HEALTH AND
82-BEHAVIORAL HEALTH PR OVIDERS, AND OTHER SUPPORT PE RSONNEL;
79+ (I) IS A PRIVATE SPACE IN THE SCHOOL; 20
8380
84- (IV) HEALTH CARE PROVIDERS OF VARIOUS PRACTICE AREAS;
81+ (II) HAS INTERNET ACCESS ; 21
8582
86- (V) PARENTS; AND
83+ (III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT 22
84+SURFACE AND ELECTRICAL OUTLET NE ARBY TO ACCOMMODATE PLACEMENT OF A 23
85+LAPTOP DEVICE ; AND 24
8786
88- (VI) THE MARYLAND CONSORTIUM ON COORDINATED
89-COMMUNITY SUPPORTS.
87+ (IV) IS NOT A BATHROOM OR CLOSET; AND 25
9088
91- (3) IN DEVELOPING THE STATE GUIDELINES UNDE R PARAGRAPH (1)
92-OF THIS SUBSECTION , THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
93-HEALTH SHALL CONSIDER OPERATIONAL , LEGAL, AND FINANCIAL ISSUES ,
94-INCLUDING: WES MOORE, Governor Ch. 195
89+ (2) IMPLEMENT MEASURES TO ENSURE THE SAFETY AN D PRIVACY OF 26
90+A STUDENT PARTICIPAT ING IN A TELEHEALTH APPOINTMENT . 27
9591
96-– 3 –
92+ (B) (1) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT AND THE 28
93+MARYLAND DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE 29
94+STAKEHOLDERS DESCRIB ED IN PARAGRAPH (2) OF THIS SUBSECTION , JOINTLY 30
95+SHALL DEVELOP STATE GUIDELINES FOR SCHOOL HEALTH SERVIC ES REGARDING 31
96+THE AVAILABILITY FOR STUDENT PARTICIPATION IN TEL EHEALTH APPOINTMENTS 32 HOUSE BILL 522 3
9797
98- (I) EQUITY AND PRIORITIZAT ION OF ACCESS;
9998
100- (II) STUDENT AND PARENTAL RIGHTS AND RESPONSIB ILITIES,
101-INCLUDING STUDENT PR IVACY, INFORMED CONSENT , PARENTAL CONSENT , AND
102-COMMUNICATIONS WITH PARENTS;
99+DURING THE SCHOOL DA Y ON THE PREMISES OF PUBLIC MIDDLE AND HI GH SCHOOLS 1
100+IN THE STATE. 2
103101
104- (III) SCHOOL SYSTEM RIGHTS AND RESPONSIBILITIES ;
102+ (2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 3
103+HEALTH SHALL CONSULT WITH A BROAD RANGE O F STAKEHOLDERS IN DEVELOPING 4
104+THE STATE GUIDELINES UNDE R PARAGRAPH (1) OF THIS SUBSECTION , INCLUDING: 5
105105
106- (IV) THE ROLE AND RESPONSIBIL ITIES OF HEALTH CARE
107-PROVIDERS PROVIDING TELEHEALTH SERVICES , INCLUDING INFORMED C ONSENT,
108-COLLECTION OF MEDICA L HISTORY AND INSURA NCE INFORMATION , FOLLOW–UP
109-CARE, AND PATIENT COMMUNIC ATIONS;
106+ (I) LOCAL SCHOOL SYSTEMS ; 6
110107
111- (V) THE ROLE AND RESPONSI BILITIES OF SCHO OL NURSES AND
112-OTHER SCHOOL –BASED HEALTH , BEHAVIORAL HEALTH , AND OTHER SUPPORT
113-PERSONNEL;
108+ (II) MIDDLE AND HIGH SCHOO L PRINCIPALS; 7
114109
115- (VI) THE ROLE OF THE STUDE NT HEALTH PLAN ;
110+ (III) SCHOOL NURSES , OTHER SCHOOL –BASED HEALTH AND 8
111+BEHAVIORAL HEALTH PR OVIDERS, AND OTHER SUPPORT PERSONNEL ; 9
116112
117- (VII) TELEHEALTH SERVICES R ELATED TO A STUDENT ’S
118-INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN;
113+ (IV) HEALTH CARE PROVIDERS OF VARIOUS PRACTICE AREAS; 10
119114
120- (VIII) PROTOCOLS TO PROVIDE IN–PERSON SUPPORT IF
121-TELEHEALTH APPOINTME NTS CREATE A CHALLEN GE TO A STUDENT RETU RNING TO
122-THE CLASSROOM , ESPECIALLY RELATING TO MENTAL HEALTH COU NSELING OR
123-TREATMENT ;
115+ (V) PARENTS; AND 11
124116
125- (IX) PROTOCOLS FOR MISSED INSTRUCTION DUE TO S TANDING
126-OR CONSISTENTLY SCHEDULED APPO INTMENTS;
117+ (VI) THE MARYLAND CONSORTIUM ON COORDINATED 12
118+COMMUNITY SUPPORTS. 13
127119
128- (X) OPERATIONAL ISSUES , INCLUDING COORDINATI ON OF
129-SERVICES, APPROVAL AND VERIFIC ATION OF APPOINTMENT S, INCLUDING
130-APPOINTMENTS WITHOUT PARENTAL KNOWLEDGE O R CONSENT, SCHOOL RESOURCE
131-ALLOCATION, AND THE USE OF TREAT MENT SPACE;
120+ (3) IN DEVELOPING THE STATE GUIDELINES UNDE R PARAGRAPH (1) 14
121+OF THIS SUBSECTION , THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 15
122+HEALTH SHALL CONSIDER OPERATIONAL , LEGAL, AND FINANCIAL ISSUES , 16
123+INCLUDING: 17
132124
133- (XI) SCHOOL SYSTEM , PARENT, AND HEALTH CARE PROV IDER
134-LIABILITY;
125+ (I) EQUITY AND PRIORITIZA TION OF ACCESS; 18
135126
136- (XII) HEALTH INSURANCE , INCLUDING MEDICAID;
127+ (II) STUDENT AND PARENTAL RIGHTS AND RESPONSIB ILITIES, 19
128+INCLUDING STUDENT PR IVACY, INFORMED CONSENT, PARENTAL CONSENT , AND 20
129+COMMUNICATIONS WITH PARENTS; 21
137130
138- (XIII) THE FEASIBILITY OF DE SIGNATING A SCHOOL B UILDING
139-SPACE THAT:
140- Ch. 195 2024 LAWS OF MARYLAND
131+ (III) SCHOOL SYSTEM RIGHTS AND RESPONSIBILITIES ; 22
141132
142-– 4 –
143- 1. IS PRIVATE AND SAFE T O ALLOW FOR CONFIDEN TIAL
144-CONVERSATIO N BETWEEN A HEALTH C ARE PROVIDER AND A S TUDENT;
133+ (IV) THE ROLE AND RESPONSI BILITIES OF HEALTH C ARE 23
134+PROVIDERS PROVIDING TELEHEALTH SERVICES , INCLUDING INFORMED C ONSENT, 24
135+COLLECTION OF MEDIC AL HISTORY AND INSUR ANCE INFORMATION , FOLLOW–UP 25
136+CARE, AND PATIENT COMMUNIC ATIONS; 26
145137
146- 2. HAS INTERNET ACCESS ;
138+ (V) THE ROLE AND RESPONSI BILITIES OF SCHOOL N URSES AND 27
139+OTHER SCHOOL –BASED HEALTH , BEHAVIORAL HEALTH , AND OTHER SUPPORT 28
140+PERSONNEL; 29
147141
148- 3. INCLUDES AT LEAST ONE SEATING OPTION WITH A
149-FLAT SURFACE AND A N EARBY ELECTRICAL OUT LET TO ACCOMMODATE P LACEMENT
150-OF A LAPTOP DEVICE ; AND
142+ (VI) THE ROLE OF THE STUDE NT HEALTH PLAN; 30 4 HOUSE BILL 522
151143
152- 4. IS NOT A BATHROOM OR CLOSET; AND
153144
154- (XIV) ANY OTHER ISSUES DETE RMINED RELEVANT BY T HE
155-DEPARTMENT , THE MARYLAND DEPARTMENT OF HEALTH, OR A STAKEHOLDER .
156145
157- (4) THE STATE BOARD SHALL ADOPT THE STATE GUIDELINES
158-DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION .
146+ (VII) TELEHEALTH SERVICES R ELATED TO A STUDENT ’S 1
147+INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN; 2
159148
160- (C) BEFORE THE ST ART OF THE 2025–2026 SCHOOL YEAR , EACH COUNTY
161-BOARD SHALL ADOPT AN D IMPLEMENT A STUDEN T TELEHEALTH POLICY IN
162-ACCORDANCE WITH THE STATE GUIDELINES ADOP TED UNDER SUBSECTION (B) OF
163-THIS SECTION.
149+ (VIII) PROTOCOLS TO PROVIDE IN–PERSON SUPPORT IF 3
150+TELEHEALTH APPOINTME NTS CREATE A CHALLEN GE TO A STUDENT RETU RNING TO 4
151+THE CLASSROOM , ESPECIALLY RELATING TO MEN TAL HEALTH COUNSELIN G OR 5
152+TREATMENT ; 6
164153
165- (D) EACH COUNTY BOARD SHA LL ENSURE THAT THE L OCAL SCHOOL
166-SYSTEM:
154+ (IX) PROTOCOLS FOR MISSED INSTRUCTION DUE TO S TANDING 7
155+OR CONSISTENTLY SCHE DULED APPOINTMENTS ; 8
167156
168- (1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT
169-HANDBOOK ; AND
157+ (X) OPERATIONAL ISSUES , INCLUDING COORDINATI ON OF 9
158+SERVICES, APPROVAL AND VERIFIC ATION OF APPOINTMENTS , INCLUDING 10
159+APPOINTMENTS WITHOUT PARENTAL KNOWLEDGE O R CONSENT, SCHOOL RESOURCE 11
160+ALLOCATION, AND THE USE OF TREAT MENT SPACE; 12
170161
171- (2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH
172-POLICY OBJECTIVES AN D REQUIREMENTS .
162+ (XI) SCHOOL SYSTEM , PARENT, AND HEALTH CARE PROV IDER 13
163+LIABILITY; 14
173164
174- (E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL
175-ASSISTANCE TO A COUN TY BOARD TO ESTABLISH THE STUDENT TELEHEAL TH
176-POLICY REQUIRED UNDE R THIS SECTION.
165+ (XII) HEALTH INSURANCE , INCLUDING MEDICAID; 15
177166
178- (F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE:
167+ (XIII) THE FEASIBILITY OF DE SIGNATING A SCHOOL B UILDING 16
168+SPACE THAT: 17
179169
180- (1) REQUIRE A SCHOOL TO CONSTRUC T AN ADDITION OR A N EW
181-SPACE TO A SCHOOL BU ILDING TO PROVIDE A PRIVATE SPACE TO COMPLY WITH THE
182-STUDENT TELEHEALTH P OLICY REQUIRED UNDER THIS SECTION; OR
170+ 1. IS PRIVATE AND SAFE T O ALLOW FOR CONFIDEN TIAL 18
171+CONVERSATION BETWEEN A HEALTH CARE PROVID ER AND A STUDENT ; 19
183172
184- (2) ALTER THE RESPONSIBIL ITIES OF A HEALTH CA RE PROVIDER
185-REGARDING THE DISCLO SURE OF MEDICAL RECO RDS UNDER TITLE 4, SUBTITLE 3 WES MOORE, Governor Ch. 195
173+ 2. HAS INTERNET ACCESS ; 20
186174
187-– 5 –
188-OF THE HEALTH – GENERAL ARTICLE, INCLUDING THE AUTHORITY TO DISCLOS E A
189-MEDICAL RECORD IN TH E CASE OF AN EMERGEN CY.
175+ 3. INCLUDES AT LEAST ONE SEATING OPTION W ITH A 21
176+FLAT SURFACE AND A N EARBY ELECTRICAL OUT LET TO ACCOMMODATE P LACEMENT 22
177+OF A LAPTOP DEVICE ; AND 23
190178
191- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
192-1, 2024.
179+ 4. IS NOT A BATHROOM OR CLOSET; AND 24
193180
194-Approved by the Governor, April 25, 2024.
181+ (XIV) ANY OTHER ISSUES DETE RMINED RELEVANT BY T HE 25
182+DEPARTMENT , THE MARYLAND DEPARTMENT OF HEALTH, OR A STAKEHOLDE R. 26
183+
184+ (4) THE STATE BOARD SHALL ADOPT THE STATE GUIDELINES 27
185+DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 28
186+
187+ (C) BEFORE THE START OF T HE 2025–2026 SCHOOL YEAR , EACH COUNTY 29
188+BOARD SHALL ADOPT AN D IMPLEMENT A STUDEN T TELEHEALTH POLICY IN 30 HOUSE BILL 522 5
189+
190+
191+ACCORDANCE WITH THE STATE GUIDELINES ADOP TED UNDER SUBSECTION (B) OF 1
192+THIS SECTION. 2
193+
194+ (D) EACH COUNTY BOARD SHA LL ENSURE THAT THE L OCAL SCHOOL 3
195+SYSTEM: 4
196+
197+ (1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT 5
198+HANDBOOK ; AND 6
199+
200+ (2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH 7
201+POLICY OBJECTIVES AN D REQUIREMENTS . 8
202+
203+ (E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL 9
204+ASSISTANCE TO A COUN TY BOARD TO ESTABLIS H THE STUDENT TELEHE ALTH 10
205+POLICY REQUIRED UNDE R THIS SECTION. 11
206+
207+ (F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE: 12
208+
209+ (1) REQUIRE A SCHOOL TO CONSTRUC T AN ADDITION OR A N EW 13
210+SPACE TO A SCHOOL BU ILDING TO PROVIDE A PRIVATE SPACE TO COM PLY WITH THE 14
211+STUDENT TELEHEALTH P OLICY REQUIRED UNDER THIS SECTION; OR 15
212+
213+ (2) ALTER THE RESPONSIBIL ITIES OF A HEALTH CA RE PROVIDER 16
214+REGARDING THE DISCLO SURE OF MEDICAL RECO RDS UNDER TITLE 4, SUBTITLE 3 17
215+OF THE HEALTH – GENERAL ARTICLE, INCLUDING THE AUTHOR ITY TO DISCLOSE A 18
216+MEDICAL RECORD IN TH E CASE OF AN EMERGEN CY. 19
217+
218+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall ta ke effect July 20
219+1, 2024. 21
220+
221+
222+
223+Approved:
224+________________________________________________________________________________
225+ Governor.
226+________________________________________________________________________________
227+ Speaker of the House of Delegates.
228+________________________________________________________________________________
229+ President of the Senate.