88R2402 AMF-D
By: Guerra H.B. No. 1060
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of telehealth services programs at
certain public primary and secondary schools and the appointment of
a telehealth services program task force to conduct a study and
issue a report concerning the implementation of those programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.037 and 38.038 to read as follows:
Sec. 38.037. TELEHEALTH SERVICES 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) Beginning with the 2027-2028 school year, a school
district that does not employ a full-time school nurse shall
implement a telehealth services program under which district
students and employees receive access to telehealth services at
each campus of the district.
(c) Telehealth services provided under a program
implemented under this section:
(1) must be provided at no cost to students and
employees; and
(2) may be provided to a student only with the written
consent of the student's parent, guardian, or other person having
lawful control of the student.
Sec. 38.038. TELEHEALTH SERVICES PROGRAM TASK FORCE; STUDY;
REPORT. (a) The commissioner, in consultation with the State Board
of Education, shall appoint a task force composed of agency
employees and qualified stakeholders, including individuals with
experience as educators or parents of public school students.
(b) The task force appointed under Subsection (a) shall
conduct a study on the implementation of telehealth services
programs under Section 38.037 by school districts to which that
section applies. The study must:
(1) evaluate the availability of telehealth services
for each school district that does not employ a full-time school
nurse; and
(2) identify changes to state law or policy necessary
to improve availability of telehealth services described by
Subdivision (1).
(c) Not later than September 1, 2024, the agency shall
submit to the governor, the lieutenant governor, and the members of
the legislature a report containing the results of the study
conducted under Subsection (b). The report must include:
(1) information from school districts regarding the
implementation of telehealth services programs under Section
38.037; and
(2) any recommended changes to state law or policy
identified by the task force under Subsection (b)(2).
(d) This section expires September 1, 2027.
SECTION 2. Not later than December 1, 2023, the
commissioner of education, in consultation with the State Board of
Education, shall appoint the task force required under Section
38.038, Education Code, as added by this Act.
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, 2023.