Texas 2023 - 88th Regular

Texas House Bill HB1060 Compare Versions

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11 88R2402 AMF-D
22 By: Guerra H.B. No. 1060
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the implementation of telehealth services programs at
88 certain public primary and secondary schools and the appointment of
99 a telehealth services program task force to conduct a study and
1010 issue a report concerning the implementation of those programs.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter A, Chapter 38, Education Code, is
1313 amended by adding Sections 38.037 and 38.038 to read as follows:
1414 Sec. 38.037. TELEHEALTH SERVICES PROGRAM. (a) In this
1515 section, "telehealth service" means a health care service delivered
1616 by a health professional licensed, certified, or otherwise entitled
1717 to practice in this state and acting within the scope of the health
1818 professional's license, certification, or entitlement to a patient
1919 at a different physical location than the health professional using
2020 telecommunications or information technology.
2121 (b) Beginning with the 2027-2028 school year, a school
2222 district that does not employ a full-time school nurse shall
2323 implement a telehealth services program under which district
2424 students and employees receive access to telehealth services at
2525 each campus of the district.
2626 (c) Telehealth services provided under a program
2727 implemented under this section:
2828 (1) must be provided at no cost to students and
2929 employees; and
3030 (2) may be provided to a student only with the written
3131 consent of the student's parent, guardian, or other person having
3232 lawful control of the student.
3333 Sec. 38.038. TELEHEALTH SERVICES PROGRAM TASK FORCE; STUDY;
3434 REPORT. (a) The commissioner, in consultation with the State Board
3535 of Education, shall appoint a task force composed of agency
3636 employees and qualified stakeholders, including individuals with
3737 experience as educators or parents of public school students.
3838 (b) The task force appointed under Subsection (a) shall
3939 conduct a study on the implementation of telehealth services
4040 programs under Section 38.037 by school districts to which that
4141 section applies. The study must:
4242 (1) evaluate the availability of telehealth services
4343 for each school district that does not employ a full-time school
4444 nurse; and
4545 (2) identify changes to state law or policy necessary
4646 to improve availability of telehealth services described by
4747 Subdivision (1).
4848 (c) Not later than September 1, 2024, the agency shall
4949 submit to the governor, the lieutenant governor, and the members of
5050 the legislature a report containing the results of the study
5151 conducted under Subsection (b). The report must include:
5252 (1) information from school districts regarding the
5353 implementation of telehealth services programs under Section
5454 38.037; and
5555 (2) any recommended changes to state law or policy
5656 identified by the task force under Subsection (b)(2).
5757 (d) This section expires September 1, 2027.
5858 SECTION 2. Not later than December 1, 2023, the
5959 commissioner of education, in consultation with the State Board of
6060 Education, shall appoint the task force required under Section
6161 38.038, Education Code, as added by this Act.
6262 SECTION 3. This Act takes effect immediately if it receives
6363 a vote of two-thirds of all the members elected to each house, as
6464 provided by Section 39, Article III, Texas Constitution. If this
6565 Act does not receive the vote necessary for immediate effect, this
6666 Act takes effect September 1, 2023.