73R8585 ESH-D
          By McDonald, et al.                                    H.B. No. 777
          Substitute the following for H.B. No. 777:
          By Linebarger                                      C.S.H.B. No. 777
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of health services in public schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter Z, Chapter 21, Education Code, is
    1-5  amended by adding Section 21.938 to read as follows:
    1-6        Sec. 21.938.  PROVISION OF HEALTH SERVICES.  (a)  The Central
    1-7  Education Agency, with the advice of the Texas Department of Health
    1-8  and the advisory committee appointed under Subsection (b) of this
    1-9  section, shall adopt advisory guidelines for the provision of
   1-10  health services to students by a school district.  The advisory
   1-11  guidelines must address:
   1-12              (1)  legal considerations involved in the provision of
   1-13  health services, including compliance with statutes and rules
   1-14  governing the practice of medicine, professional nursing, and
   1-15  pharmacy, and applicable public health statutes and rules;
   1-16              (2)  staffing and personnel requirements;
   1-17              (3)  the types of students, including those with
   1-18  disabilities, to whom health services may be provided and how
   1-19  special needs of students may be met;
   1-20              (4)  coordination of school health services with other
   1-21  student services and related instructional programs;
   1-22              (5)  coordination of school health services with health
   1-23  resources in the community;
    2-1              (6)  performance criteria for evaluating the adequacy
    2-2  of school health programs; and
    2-3              (7)  other issues the agency determines appropriate.
    2-4        (b)  The commissioner of education and the commissioner of
    2-5  health shall appoint an advisory committee to assist in developing
    2-6  the advisory guidelines.  The committee must include
    2-7  representatives of organizations that represent nursing, school
    2-8  districts, school administrators, classroom teachers, parents of
    2-9  students, child advocacy interests, and public health interests.  A
   2-10  member of the advisory committee may not receive compensation for
   2-11  serving on the committee and is not entitled to reimbursement for
   2-12  expenses while serving on the committee.
   2-13        (c)  The commissioner of education shall conduct an annual
   2-14  survey of school districts regarding the extent to which districts
   2-15  are providing school health services in accordance with the
   2-16  advisory guidelines.
   2-17        (d)  In this section, "advisory guidelines" means standards,
   2-18  practices, or procedures that are recommended for use by school
   2-19  districts.
   2-20        SECTION 2.  Not later than March 1, 1994, the Central
   2-21  Education Agency shall finally adopt school health services
   2-22  advisory guidelines as provided by Section 21.938, Education Code,
   2-23  as added by this Act.  Not later than October 1, 1994, the
   2-24  commissioner of education shall survey school districts to
   2-25  determine the extent to which districts are providing school health
    3-1  services in accordance with the advisory guidelines as provided by
    3-2  Section 21.938, Education Code, as added by this Act.  The
    3-3  commissioner of education shall report to the 74th Legislature in
    3-4  January 1995 on the advisory guidelines adopted under Section
    3-5  21.938, Education Code, as added by this Act, the results of the
    3-6  commissioner's survey, and recommendations for legislation relating
    3-7  to school health services.
    3-8        SECTION 3.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.