| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0492* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 492 | |
| 11 | 8 | F1 4lr2728 | |
| 12 | 9 | HB 878/23 – W&M CF HB 522 | |
| 13 | 10 | By: Senator Kagan | |
| 14 | 11 | Introduced and read first time: January 24, 2024 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 16, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | - | Public Schools – Student Telehealth Appointments – Policy State Guidelines, 2 | |
| 25 | - | Policies, and Access 3 | |
| 18 | + | Public Schools – Student Telehealth Appointments – Policy and Access 2 | |
| 26 | 19 | ||
| 27 | - | FOR the purpose of requiring the State Department of Education and the Maryland 4 | |
| 28 | - | Department of Health jointly to adopt certain State guidelines for school health 5 | |
| 29 | - | services regarding student access to telehealth appointments during the school day 6 | |
| 30 | - | in public middle and high schools in the State; requiring each county board of 7 | |
| 31 | - | education to establish a policy to accommodate students who need to participate in 8 | |
| 32 | - | telehealth appointments during the school day; requiring each public middle and 9 | |
| 33 | - | high school to designate a space that meets certain requirements for student 10 | |
| 34 | - | telehealth appointments certain student telehealth policy; and generally relating to 11 | |
| 35 | - | student access to telehealth in public schools. 12 | |
| 20 | + | FOR the purpose of requiring each county board of education to establish a policy to 3 | |
| 21 | + | accommodate students who need to participate in telehealth appointments during 4 | |
| 22 | + | the school day; requiring each public middle and high school to designate a space 5 | |
| 23 | + | that meets certain requirements for student telehealth appointments; and generally 6 | |
| 24 | + | relating to student access to telehealth in schools. 7 | |
| 36 | 25 | ||
| 37 | - | BY adding to | |
| 38 | - | Article – Education | |
| 39 | - | Section 4–142 | |
| 40 | - | Annotated Code of Maryland | |
| 41 | - | (2022 Replacement Volume and 2023 Supplement) | |
| 26 | + | BY adding to 8 | |
| 27 | + | Article – Education 9 | |
| 28 | + | Section 4–142 10 | |
| 29 | + | Annotated Code of Maryland 11 | |
| 30 | + | (2022 Replacement Volume and 2023 Supplement) 12 | |
| 42 | 31 | ||
| 43 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 44 | - | That the Laws of Maryland read as follows: | |
| 32 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 33 | + | That the Laws of Maryland read as follows: 14 | |
| 45 | 34 | ||
| 46 | - | Article – Education | |
| 35 | + | Article – Education 15 | |
| 47 | 36 | ||
| 48 | - | 4–142. 21 2 SENATE BILL 492 | |
| 37 | + | 4–142. 16 | |
| 38 | + | ||
| 39 | + | (A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING 17 | |
| 40 | + | HEALTH CARE SERVICES THROUGH THE USE OF T ELECOMMUNICATIONS 18 | |
| 41 | + | TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT 19 | |
| 42 | + | PHYSICAL LOCATION TH AN THE HEALTH CARE P RACTITIONER. 20 | |
| 43 | + | ||
| 44 | + | (B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE 21 | |
| 45 | + | STUDENTS WHO NEED TO PARTICIPATE IN TELEH EALTH APPOINTMENTS 22 | |
| 46 | + | SCHEDULED DURING THE SCHOOL DAY. 23 | |
| 47 | + | 2 SENATE BILL 492 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 1 | |
| 51 | + | SHALL REQUIRE EACH M IDDLE AND HIGH SCHOOL TO : 2 | |
| 51 | 52 | ||
| 52 | - | (A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING 1 | |
| 53 | - | HEALTH CARE SERVICES THROUGH THE USE OF T ELECOMMUNICATIONS 2 | |
| 54 | - | TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT 3 | |
| 55 | - | PHYSICAL LOCATION TH AN THE HEALTH CARE P RACTITIONER. 4 | |
| 53 | + | (1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS 3 | |
| 54 | + | THAT: 4 | |
| 56 | 55 | ||
| 57 | - | (B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE 5 | |
| 58 | - | STUDENTS WHO NEED TO PARTICIP ATE IN TELEHEALTH AP POINTMENTS 6 | |
| 59 | - | SCHEDULED DURING THE SCHOOL DAY. 7 | |
| 56 | + | (I) IS A PRIVATE SPACE IN THE SCHOOL; 5 | |
| 60 | 57 | ||
| 61 | - | (C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 8 | |
| 62 | - | SHALL REQUIRE EACH M IDDLE AND HIGH SCHOO L TO: 9 | |
| 58 | + | (II) HAS INTERNET ACCESS ; 6 | |
| 63 | 59 | ||
| 64 | - | (1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS 10 | |
| 65 | - | THAT: 11 | |
| 60 | + | (III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT 7 | |
| 61 | + | SURFACE AND ELECTRIC AL OUTLET NEARBY TO ACCOMMODATE PLACE MENT OF A 8 | |
| 62 | + | LAPTOP DEVICE ; AND 9 | |
| 66 | 63 | ||
| 67 | - | ( | |
| 64 | + | (IV) IS NOT A BATHROOM OR CLOSET; AND 10 | |
| 68 | 65 | ||
| 69 | - | (II) HAS INTERNET ACCESS ; 13 | |
| 66 | + | (2) IMPLEMENT MEASURES TO ENSURE THE SAFETY AN D PRIVACY OF 11 | |
| 67 | + | A STUDENT PARTICIPAT ING IN A TELEHEALTH APPOINTMENT . 12 | |
| 70 | 68 | ||
| 71 | - | (III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT 14 | |
| 72 | - | SURFACE AND ELECTRIC AL OUTLET NEARBY TO ACCOMMODATE PLACEMEN T OF A 15 | |
| 73 | - | LAPTOP DEVICE ; AND 16 | |
| 69 | + | (D) EACH COUNTY BOARD SHA LL ENSURE THAT THE LOCAL SCHOOL 13 | |
| 70 | + | SYSTEM: 14 | |
| 74 | 71 | ||
| 75 | - | (IV) IS NOT A BATHROOM OR CLOSET; AND 17 | |
| 72 | + | (1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT 15 | |
| 73 | + | HANDBOOK ; AND 16 | |
| 76 | 74 | ||
| 77 | - | (2) | |
| 78 | - | ||
| 75 | + | (2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH 17 | |
| 76 | + | POLICY OBJECTIVES AN D REQUIREMENTS . 18 | |
| 79 | 77 | ||
| 80 | - | (B) (1) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT AND THE 20 | |
| 81 | - | MARYLAND DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE 21 | |
| 82 | - | STAKEHOLDERS DESCRIB ED IN PARAGRAPH (2) OF THIS SUBSECTION , JOINTLY 22 | |
| 83 | - | SHALL DEVELOP STATE GUIDELINES FOR SCHOOL HEALTH SERVIC ES REGARDING 23 | |
| 84 | - | THE AVAILABILITY FOR STUDENT PARTICIPATIO N IN TELEHEALTH APPO INTMENTS 24 | |
| 85 | - | DURING THE SCHOOL DA Y ON THE PREMISES OF PUBLIC MIDDLE AND HIGH 25 | |
| 86 | - | SCHOOLS IN THE STATE. 26 | |
| 78 | + | (E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL 19 | |
| 79 | + | ASSISTANCE TO A COUN TY BOARD TO ESTABLIS H THE STUDENT TELEHE ALTH 20 | |
| 80 | + | POLICY REQUIRED UNDE R THIS SECTION. 21 | |
| 87 | 81 | ||
| 88 | - | (2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 27 | |
| 89 | - | HEALTH SHALL CONSULT WITH A BROAD RANGE O F STAKEHOLDERS IN DE VELOPING 28 | |
| 90 | - | THE STATE GUIDELINES UNDE R PARAGRAPH (1) OF THIS SUBSECTION , INCLUDING: 29 | |
| 82 | + | (F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE A 22 | |
| 83 | + | SCHOOL TO CONSTRUCT AN ADDITION OR A NEW SPACE TO A SCHOOL BUI LDING TO 23 | |
| 84 | + | PROVIDE A PRIVATE SP ACE TO COMPLY WITH T HE STUDENT TELEHEALT H POLICY 24 | |
| 85 | + | REQUIRED UNDER THIS SECTION. 25 | |
| 91 | 86 | ||
| 92 | - | (I) LOCAL SCHOOL SYS TEMS; 30 | |
| 87 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 | |
| 88 | + | 1, 2024. 27 | |
| 93 | 89 | ||
| 94 | - | (II) MIDDLE AND HIGH SCHOO L PRINCIPALS; 31 SENATE BILL 492 3 | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (III) SCHOOL NURSES , OTHER SCHOOL –BASED HEALTH AND 1 | |
| 99 | - | BEHAVIORAL HEALTH PR OVIDERS, AND OTHER SUPPORT PE RSONNEL; 2 | |
| 100 | - | ||
| 101 | - | (IV) HEALTH CARE PROVIDERS OF VARIOUS PRACTICE AREAS; 3 | |
| 102 | - | ||
| 103 | - | (V) PARENTS; AND 4 | |
| 104 | - | ||
| 105 | - | (VI) THE MARYLAND CONSORTIUM ON COORDINATED 5 | |
| 106 | - | COMMUNITY SUPPORTS. 6 | |
| 107 | - | ||
| 108 | - | (3) IN DEVELOPING THE STATE GUIDELINES UNDE R PARAGRAPH (1) 7 | |
| 109 | - | OF THIS SUBSECTION , THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 8 | |
| 110 | - | HEALTH SHALL CONSIDER OPERATIONAL , LEGAL, AND FINANCIAL ISSUES , 9 | |
| 111 | - | INCLUDING: 10 | |
| 112 | - | ||
| 113 | - | (I) EQUITY AND PRIORITIZA TION OF ACCESS; 11 | |
| 114 | - | ||
| 115 | - | (II) STUDENT AND PARENTAL RIGHTS AND RESPONSIB ILITIES, 12 | |
| 116 | - | INCLUDING STUDENT PR IVACY, INFORMED CONSENT , PARENTAL CONSENT , AND 13 | |
| 117 | - | COMMUNICATIONS WITH PARENTS; 14 | |
| 118 | - | ||
| 119 | - | (III) SCHOOL SYSTEM RIGHTS AND RESPONSIBILITI ES; 15 | |
| 120 | - | ||
| 121 | - | (IV) THE ROLE AND RESPONSI BILITIES OF HEALTH C ARE 16 | |
| 122 | - | PROVIDERS PROVIDING TELEHEALTH SERVICES , INCLUDING INFORMED C ONSENT, 17 | |
| 123 | - | COLLECTION OF MEDICA L HISTORY AND INSURA NCE INFORMATION , FOLLOW–UP 18 | |
| 124 | - | CARE, AND PATIENT COMMUNIC ATIONS; 19 | |
| 125 | - | ||
| 126 | - | (V) THE ROLE AND RESPONS IBILITIES OF SCHOOL NURSES AND 20 | |
| 127 | - | OTHER SCHOOL –BASED HEALTH , BEHAVIORAL HEALTH , AND OTHER SUPPORT 21 | |
| 128 | - | PERSONNEL ; 22 | |
| 129 | - | ||
| 130 | - | (VI) THE ROLE OF THE STUDE NT HEALTH PLAN ; 23 | |
| 131 | - | ||
| 132 | - | (VII) TELEHEALTH SERVICES R ELATED TO A STUDENT ’S 24 | |
| 133 | - | INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN; 25 | |
| 134 | - | ||
| 135 | - | (VIII) PROTOCOLS TO PROVIDE IN–PERSON SUPPORT IF 26 | |
| 136 | - | TELEHEALTH APPOINTME NTS CREATE A CHALLEN GE TO A STUDENT RETU RNING TO 27 | |
| 137 | - | THE CLASSROOM , ESPECIALLY RELATING TO MENTAL HEALTH COU NSELING OR 28 | |
| 138 | - | TREATMENT ; 29 | |
| 139 | - | 4 SENATE BILL 492 | |
| 140 | - | ||
| 141 | - | ||
| 142 | - | (IX) PROTOCOLS FOR MISSED INSTRUCTION DUE TO STANDING 1 | |
| 143 | - | OR CONSISTENTLY SCHE DULED APPOINTMENTS ; 2 | |
| 144 | - | ||
| 145 | - | (X) OPERATIONAL ISSUES , INCLUDING COORDINATI ON OF 3 | |
| 146 | - | SERVICES, APPROVAL AND VERIFIC ATION OF APPOINTMENT S, INCLUDING 4 | |
| 147 | - | APPOINTMENTS WITHOUT PARENTAL KNOWLEDGE O R CONSENT , SCHOOL 5 | |
| 148 | - | RESOURCE ALLOCATION , AND THE USE OF TREATMENT SPACE ; 6 | |
| 149 | - | ||
| 150 | - | (XI) SCHOOL SYSTEM , PARENT, AND HEALTH CARE PROV IDER 7 | |
| 151 | - | LIABILITY; 8 | |
| 152 | - | ||
| 153 | - | (XII) HEALTH INSURANCE , INCLUDING MEDICAID; 9 | |
| 154 | - | ||
| 155 | - | (XIII) THE FEASIBILITY OF DE SIGNATING A SCHOOL B UILDING 10 | |
| 156 | - | SPACE THAT: 11 | |
| 157 | - | ||
| 158 | - | 1. IS PRIVATE AND SAFE T O ALLOW FOR CONFI DENTIAL 12 | |
| 159 | - | CONVERSATION BETWEEN A HEALTH CARE PROVID ER AND A STUDENT ; 13 | |
| 160 | - | ||
| 161 | - | 2. HAS INTERNET ACCESS ; 14 | |
| 162 | - | ||
| 163 | - | 3. INCLUDES AT LEAST ONE SEATING OPTION WITH A 15 | |
| 164 | - | FLAT SURFACE AND A N EARBY ELECTRICAL OUT LET TO ACCOMMODATE P LACEMENT 16 | |
| 165 | - | OF A LAPTOP DEVICE ; AND 17 | |
| 166 | - | ||
| 167 | - | 4. IS NOT A BATHROOM OR CLOSET ; AND 18 | |
| 168 | - | ||
| 169 | - | (XIV) ANY OTHER ISSUES DETE RMINED RELEVANT BY T HE 19 | |
| 170 | - | DEPARTMENT , THE MARYLAND DEPARTMENT OF HEALTH, OR A STAKEHOLDER . 20 | |
| 171 | - | ||
| 172 | - | (4) THE STATE BOARD SHALL ADOPT THE STATE GUIDELINES 21 | |
| 173 | - | DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 22 | |
| 174 | - | ||
| 175 | - | (C) BEFORE THE START OF T HE 2025–2026 SCHOOL YEAR , EACH COUNTY 23 | |
| 176 | - | BOARD SHALL ADOPT AN D IMPLEMENT A STUDEN T TELEHEALTH POLICY IN 24 | |
| 177 | - | ACCORDANCE WITH THE STATE GUIDELINES ADOP TED UNDER SUBSECTION (B) OF 25 | |
| 178 | - | THIS SECTION. 26 | |
| 179 | - | ||
| 180 | - | (D) EACH COUNTY BOARD SHA LL ENSURE THAT THE LOCAL SCHOOL 27 | |
| 181 | - | SYSTEM: 28 | |
| 182 | - | ||
| 183 | - | (1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT 29 | |
| 184 | - | HANDBOOK ; AND 30 | |
| 185 | - | SENATE BILL 492 5 | |
| 186 | - | ||
| 187 | - | ||
| 188 | - | (2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH 1 | |
| 189 | - | POLICY OBJECTIVES AN D REQUIREMENTS . 2 | |
| 190 | - | ||
| 191 | - | (E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL 3 | |
| 192 | - | ASSISTANCE TO A COUN TY BOARD TO ESTABLIS H THE STUDENT TELEHE ALTH 4 | |
| 193 | - | POLICY REQUIRED UNDE R THIS SECTION. 5 | |
| 194 | - | ||
| 195 | - | (F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE: 6 | |
| 196 | - | ||
| 197 | - | (1) REQUIRE A SCHOOL TO CONSTRUC T AN ADDITION OR A N EW 7 | |
| 198 | - | SPACE TO A SCHOOL BU ILDING TO PROVID E A PRIVATE SPACE TO COMPLY WITH THE 8 | |
| 199 | - | STUDENT TELEHEALTH P OLICY REQUIRED UNDER THIS SECTION; OR 9 | |
| 200 | - | ||
| 201 | - | (2) ALTER THE RESPONSIBIL ITIES OF A HEALTH CA RE PROVIDER 10 | |
| 202 | - | REGARDING THE DISCLO SURE OF MEDICAL RECO RDS UNDER TITLE 4, SUBTITLE 3 11 | |
| 203 | - | OF THE HEALTH – GENERAL ARTICLE, INCLUDING THE AUTHOR ITY TO DISCLOSE A 12 | |
| 204 | - | MEDICAL RECORD IN TH E CASE OF AN EMERGEN CY. 13 | |
| 205 | - | ||
| 206 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 | |
| 207 | - | 1, 2024. 15 | |
| 208 | - | ||
| 209 | - | ||
| 210 | - | ||
| 211 | - | ||
| 212 | - | ||
| 213 | - | Approved: | |
| 214 | - | ________________________________________________________________________________ | |
| 215 | - | Governor. | |
| 216 | - | ________________________________________________________________________________ | |
| 217 | - | President of the Senate. | |
| 218 | - | ________________________________________________________________________________ | |
| 219 | - | Speaker of the House of Delegates. |