| 1 | 1 | | 87R3944 MLH-D |
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| 2 | 2 | | By: Guerra H.B. No. 745 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of telehealth programs by public |
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| 8 | 8 | | schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.040 to read as follows: |
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| 12 | 12 | | Sec. 38.040. TELEHEALTH PROGRAM. (a) In this section, |
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| 13 | 13 | | "telehealth service" means a health care service delivered by a |
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| 14 | 14 | | health professional licensed, certified, or otherwise entitled to |
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| 15 | 15 | | practice in this state and acting within the scope of the health |
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| 16 | 16 | | professional's license, certification, or entitlement to a patient |
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| 17 | 17 | | at a different physical location than the health professional using |
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| 18 | 18 | | telecommunications or information technology. |
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| 19 | 19 | | (b) A school district may establish a telehealth program |
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| 20 | 20 | | through which students and employees of the district may receive |
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| 21 | 21 | | telehealth services during a school day. |
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| 22 | 22 | | (c) Telehealth services provided through a program |
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| 23 | 23 | | established under this section: |
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| 24 | 24 | | (1) must be provided at no cost to a student or |
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| 25 | 25 | | employee of the school district; and |
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| 26 | 26 | | (2) may be provided to a student only with the written |
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| 27 | 27 | | consent of the student's parent or legal guardian. |
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| 28 | 28 | | SECTION 2. This Act applies beginning with the 2021-2022 |
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| 29 | 29 | | school year. |
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| 30 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2021. |
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