EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0492*
SENATE BILL 492
F1 4lr2728
HB 878/23 – W&M CF HB 522
By: Senator Kagan
Introduced and read first time: January 24, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 16, 2024
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 6
in public middle and high schools in the State; requiring each county board of 7
education to establish a policy to accommodate students who need to participate in 8
telehealth appointments during the school day; requiring each public middle and 9
high school to designate a space that meets certain requirements for student 10
telehealth appointments certain student telehealth policy; and generally relating to 11
student access to telehealth in public schools. 12
BY adding to 13
Article – Education 14
Section 4–142 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Education 20
4–142. 21 2 SENATE BILL 492
(A) IN THIS SECTION , “TELEHEALTH ” MEANS A MODE OF DELI VERING 1
HEALTH CARE SERVICES THROUGH THE USE OF T ELECOMMUNICATIONS 2
TECHNOLOGIES BY A HE ALTH CARE PRACTITION ER TO A PATIENT AT A DIFFERENT 3
PHYSICAL LOCATION TH AN THE HEALTH CARE P RACTITIONER. 4
(B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y TO ACCOMMODATE 5
STUDENTS WHO NEED TO PARTICIP ATE IN TELEHEALTH AP POINTMENTS 6
SCHEDULED DURING THE SCHOOL DAY. 7
(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 8
SHALL REQUIRE EACH M IDDLE AND HIGH SCHOO L TO: 9
(1) DESIGNATE A SPACE FOR STUDENT TELEHEALTH A PPOINTMENTS 10
THAT: 11
(I) IS A PRIVATE SPACE IN THE SCHOOL; 12
(II) HAS INTERNET ACCESS ; 13
(III) INCLUDES AT LEAST ONE SEATING OPTION WITH A FLAT 14
SURFACE AND ELECTRIC AL OUTLET NEARBY TO ACCOMMODATE PLACEMEN T OF A 15
LAPTOP DEVICE ; AND 16
(IV) IS NOT A BATHROOM OR CLOSET; AND 17
(2) IMPLEMENT MEASURES TO ENSURE THE SAFETY AN D PRIVACY OF 18
A STUDENT PARTICIPAT ING IN A TELEHEALTH APPOINTMENT . 19
(B) (1) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT AND THE 20
MARYLAND DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE 21
STAKEHOLDERS DESCRIB ED IN PARAGRAPH (2) OF THIS SUBSECTION , JOINTLY 22
SHALL DEVELOP STATE GUIDELINES FOR SCHOOL HEALTH SERVIC ES REGARDING 23
THE AVAILABILITY FOR STUDENT PARTICIPATIO N IN TELEHEALTH APPO INTMENTS 24
DURING THE SCHOOL DA Y ON THE PREMISES OF PUBLIC MIDDLE AND HIGH 25
SCHOOLS IN THE STATE. 26
(2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 27
HEALTH SHALL CONSULT WITH A BROAD RANGE O F STAKEHOLDERS IN DE VELOPING 28
THE STATE GUIDELINES UNDE R PARAGRAPH (1) OF THIS SUBSECTION , INCLUDING: 29
(I) LOCAL SCHOOL SYS TEMS; 30
(II) MIDDLE AND HIGH SCHOO L PRINCIPALS; 31 SENATE BILL 492 3
(III) SCHOOL NURSES , OTHER SCHOOL –BASED HEALTH AND 1
BEHAVIORAL HEALTH PR OVIDERS, AND OTHER SUPPORT PE RSONNEL; 2
(IV) HEALTH CARE PROVIDERS OF VARIOUS PRACTICE AREAS; 3
(V) PARENTS; AND 4
(VI) THE MARYLAND CONSORTIUM ON COORDINATED 5
COMMUNITY SUPPORTS. 6
(3) IN DEVELOPING THE STATE GUIDELINES UNDE R PARAGRAPH (1) 7
OF THIS SUBSECTION , THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 8
HEALTH SHALL CONSIDER OPERATIONAL , LEGAL, AND FINANCIAL ISSUES , 9
INCLUDING: 10
(I) EQUITY AND PRIORITIZA TION OF ACCESS; 11
(II) STUDENT AND PARENTAL RIGHTS AND RESPONSIB ILITIES, 12
INCLUDING STUDENT PR IVACY, INFORMED CONSENT , PARENTAL CONSENT , AND 13
COMMUNICATIONS WITH PARENTS; 14
(III) SCHOOL SYSTEM RIGHTS AND RESPONSIBILITI ES; 15
(IV) THE ROLE AND RESPONSI BILITIES OF HEALTH C ARE 16
PROVIDERS PROVIDING TELEHEALTH SERVICES , INCLUDING INFORMED C ONSENT, 17
COLLECTION OF MEDICA L HISTORY AND INSURA NCE INFORMATION , FOLLOW–UP 18
CARE, AND PATIENT COMMUNIC ATIONS; 19
(V) THE ROLE AND RESPONS IBILITIES OF SCHOOL NURSES AND 20
OTHER SCHOOL –BASED HEALTH , BEHAVIORAL HEALTH , AND OTHER SUPPORT 21
PERSONNEL ; 22
(VI) THE ROLE OF THE STUDE NT HEALTH PLAN ; 23
(VII) TELEHEALTH SERVICES R ELATED TO A STUDENT ’S 24
INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN; 25
(VIII) PROTOCOLS TO PROVIDE IN–PERSON SUPPORT IF 26
TELEHEALTH APPOINTME NTS CREATE A CHALLEN GE TO A STUDENT RETU RNING TO 27
THE CLASSROOM , ESPECIALLY RELATING TO MENTAL HEALTH COU NSELING OR 28
TREATMENT ; 29
4 SENATE BILL 492
(IX) PROTOCOLS FOR MISSED INSTRUCTION DUE TO STANDING 1
OR CONSISTENTLY SCHE DULED APPOINTMENTS ; 2
(X) OPERATIONAL ISSUES , INCLUDING COORDINATI ON OF 3
SERVICES, APPROVAL AND VERIFIC ATION OF APPOINTMENT S, INCLUDING 4
APPOINTMENTS WITHOUT PARENTAL KNOWLEDGE O R CONSENT , SCHOOL 5
RESOURCE ALLOCATION , AND THE USE OF TREATMENT SPACE ; 6
(XI) SCHOOL SYSTEM , PARENT, AND HEALTH CARE PROV IDER 7
LIABILITY; 8
(XII) HEALTH INSURANCE , INCLUDING MEDICAID; 9
(XIII) THE FEASIBILITY OF DE SIGNATING A SCHOOL B UILDING 10
SPACE THAT: 11
1. IS PRIVATE AND SAFE T O ALLOW FOR CONFI DENTIAL 12
CONVERSATION BETWEEN A HEALTH CARE PROVID ER AND A STUDENT ; 13
2. HAS INTERNET ACCESS ; 14
3. INCLUDES AT LEAST ONE SEATING OPTION WITH A 15
FLAT SURFACE AND A N EARBY ELECTRICAL OUT LET TO ACCOMMODATE P LACEMENT 16
OF A LAPTOP DEVICE ; AND 17
4. IS NOT A BATHROOM OR CLOSET ; AND 18
(XIV) ANY OTHER ISSUES DETE RMINED RELEVANT BY T HE 19
DEPARTMENT , THE MARYLAND DEPARTMENT OF HEALTH, OR A STAKEHOLDER . 20
(4) THE STATE BOARD SHALL ADOPT THE STATE GUIDELINES 21
DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 22
(C) BEFORE THE START OF T HE 2025–2026 SCHOOL YEAR , EACH COUNTY 23
BOARD SHALL ADOPT AN D IMPLEMENT A STUDEN T TELEHEALTH POLICY IN 24
ACCORDANCE WITH THE STATE GUIDELINES ADOP TED UNDER SUBSECTION (B) OF 25
THIS SECTION. 26
(D) EACH COUNTY BOARD SHA LL ENSURE THAT THE LOCAL SCHOOL 27
SYSTEM: 28
(1) PUBLISHES THE STUDENT TELEHEALTH POLICY IN THE STUDENT 29
HANDBOOK ; AND 30
SENATE BILL 492 5
(2) MAKES SCHOOL PERSONNE L AWARE OF STUDENT T ELEHEALTH 1
POLICY OBJECTIVES AN D REQUIREMENTS . 2
(E) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TECHNICAL 3
ASSISTANCE TO A COUN TY BOARD TO ESTABLIS H THE STUDENT TELEHE ALTH 4
POLICY REQUIRED UNDE R THIS SECTION. 5
(F) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE: 6
(1) REQUIRE A SCHOOL TO CONSTRUC T AN ADDITION OR A N EW 7
SPACE TO A SCHOOL BU ILDING TO PROVID E A PRIVATE SPACE TO COMPLY WITH THE 8
STUDENT TELEHEALTH P OLICY REQUIRED UNDER THIS SECTION; OR 9
(2) ALTER THE RESPONSIBIL ITIES OF A HEALTH CA RE PROVIDER 10
REGARDING THE DISCLO SURE OF MEDICAL RECO RDS UNDER TITLE 4, SUBTITLE 3 11
OF THE HEALTH – GENERAL ARTICLE, INCLUDING THE AUTHOR ITY TO DISCLOSE A 12
MEDICAL RECORD IN TH E CASE OF AN EMERGEN CY. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
1, 2024. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.