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