1 | 1 | | 88R2402 AMF-D |
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2 | 2 | | By: Guerra H.B. No. 1060 |
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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 implementation of telehealth services programs at |
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8 | 8 | | certain public primary and secondary schools and the appointment of |
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9 | 9 | | a telehealth services program task force to conduct a study and |
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10 | 10 | | issue a report concerning the implementation of those programs. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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13 | 13 | | amended by adding Sections 38.037 and 38.038 to read as follows: |
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14 | 14 | | Sec. 38.037. TELEHEALTH SERVICES PROGRAM. (a) In this |
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15 | 15 | | section, "telehealth service" means a health care service delivered |
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16 | 16 | | by a health professional licensed, certified, or otherwise entitled |
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17 | 17 | | to practice in this state and acting within the scope of the health |
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18 | 18 | | professional's license, certification, or entitlement to a patient |
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19 | 19 | | at a different physical location than the health professional using |
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20 | 20 | | telecommunications or information technology. |
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21 | 21 | | (b) Beginning with the 2027-2028 school year, a school |
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22 | 22 | | district that does not employ a full-time school nurse shall |
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23 | 23 | | implement a telehealth services program under which district |
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24 | 24 | | students and employees receive access to telehealth services at |
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25 | 25 | | each campus of the district. |
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26 | 26 | | (c) Telehealth services provided under a program |
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27 | 27 | | implemented under this section: |
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28 | 28 | | (1) must be provided at no cost to students and |
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29 | 29 | | employees; and |
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30 | 30 | | (2) may be provided to a student only with the written |
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31 | 31 | | consent of the student's parent, guardian, or other person having |
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32 | 32 | | lawful control of the student. |
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33 | 33 | | Sec. 38.038. TELEHEALTH SERVICES PROGRAM TASK FORCE; STUDY; |
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34 | 34 | | REPORT. (a) The commissioner, in consultation with the State Board |
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35 | 35 | | of Education, shall appoint a task force composed of agency |
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36 | 36 | | employees and qualified stakeholders, including individuals with |
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37 | 37 | | experience as educators or parents of public school students. |
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38 | 38 | | (b) The task force appointed under Subsection (a) shall |
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39 | 39 | | conduct a study on the implementation of telehealth services |
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40 | 40 | | programs under Section 38.037 by school districts to which that |
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41 | 41 | | section applies. The study must: |
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42 | 42 | | (1) evaluate the availability of telehealth services |
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43 | 43 | | for each school district that does not employ a full-time school |
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44 | 44 | | nurse; and |
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45 | 45 | | (2) identify changes to state law or policy necessary |
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46 | 46 | | to improve availability of telehealth services described by |
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47 | 47 | | Subdivision (1). |
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48 | 48 | | (c) Not later than September 1, 2024, the agency shall |
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49 | 49 | | submit to the governor, the lieutenant governor, and the members of |
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50 | 50 | | the legislature a report containing the results of the study |
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51 | 51 | | conducted under Subsection (b). The report must include: |
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52 | 52 | | (1) information from school districts regarding the |
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53 | 53 | | implementation of telehealth services programs under Section |
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54 | 54 | | 38.037; and |
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55 | 55 | | (2) any recommended changes to state law or policy |
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56 | 56 | | identified by the task force under Subsection (b)(2). |
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57 | 57 | | (d) This section expires September 1, 2027. |
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58 | 58 | | SECTION 2. Not later than December 1, 2023, the |
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59 | 59 | | commissioner of education, in consultation with the State Board of |
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60 | 60 | | Education, shall appoint the task force required under Section |
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61 | 61 | | 38.038, Education Code, as added by this Act. |
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62 | 62 | | SECTION 3. This Act takes effect immediately if it receives |
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63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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65 | 65 | | Act does not receive the vote necessary for immediate effect, this |
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66 | 66 | | Act takes effect September 1, 2023. |
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