By McDonald H.B. No. 777
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management, coordination, supervision, and
1-3 provision of public school health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 21, Education Code, is
1-6 amended by adding Section 21.915 to read as follows:
1-7 Section. 21.915. MANAGEMENT, COORDINATION, SUPERVISION. AND
1-8 PROVISION OF SCHOOL HEALTH SERVICES. (a) Each school district
1-9 shall employ a number of registered nurses in a registered
1-10 nurse-to-student ratio that the State Board of Education by rule
1-11 determines is sufficient to ensure the adequate provision of school
1-12 health services as such services are defined by the board.
1-13 (b) The rules must require each school district with 1,000
1-14 or more students in average daily membership, as defined by rule of
1-15 the State Board of Education, to employ at least one full-time
1-16 registered nurse designated to supervise, manage, and coordinate
1-17 the delivery of school health services for the district. Each
1-18 school district with fewer than 1,000 students in average daily
1-19 membership that is required under the rules to employ a full-time
1-20 or part-time registered nurse shall designate that registered nurse
1-21 to supervise, manage, and coordinate the delivery of school health
1-22 services.
1-23 (c) A school district may enter into a cooperative agreement
2-1 with one or more school districts to jointly employ a registered
2-2 nurse to meet the requirements of Subsection (b) of this section.
2-3 (d) School health services shall be provided to students by
2-4 a registered nurse or other employee assigned by and under the
2-5 supervision of the registered nurse designated under Subsection (b)
2-6 of this section.
2-7 (e) The rules adopted by the State Board of Education under
2-8 this section must be consistent with the laws and regulations
2-9 governing the practice of medicine, professional nursing, and
2-10 pharmacy and standards established by the Texas Department of
2-11 Health.
2-12 (f) This section does not relieve a district from an
2-13 obligation under state or federal law to provide sufficient
2-14 qualified personnel to permit students with disabilities to be
2-15 educated in the least restrictive environment.
2-16 (g) On application of a school district, the State Board of
2-17 Education may grant the district a full or partial waiver from the
2-18 requirements of this section if the board finds that the
2-19 requirements create an undue financial hardship for the district or
2-20 that the district is unable to recruit a sufficient number of
2-21 registered nurses. If a school district claims an inability to
2-22 recruit a sufficient number of registered nurses, the district must
2-23 show that, either by itself or through cooperative agreements with
2-24 other districts, the school district took timely and significant
2-25 steps to recruit a sufficient number of registered nurses,
3-1 including having advertised the position at the prevailing wage for
3-2 the geographic area in each newspaper published in a county in
3-3 which territory of the district lies and in each county adjacent to
3-4 one of those counties. The State Board of Education by rule may
3-5 require a district to have taken other steps as a condition
3-6 precedent to granting a waiver. A waiver granted under this
3-7 subsection is for one school year. A district may reapply for
3-8 additional waivers in accordance with this section. A district
3-9 requesting a waiver must show compliance with laws governing the
3-10 practice of medicine, professional nursing, and pharmacy.
3-11 (h) Any school district that did not employ a full-time or
3-12 part-time registered nurse for the 1992-1993 school year shall be
3-13 entitled to an automatic waiver under Subsection (g) of this
3-14 section for the 1993-1994 and 1994-1995 school years upon filing of
3-15 an application for such waiver. This subsection shall expire on
3-16 September 1. 1995.
3-17 (i) Except as provided by this subsection, the continued
3-18 employment of a licensed vocational nurse who was employed by a
3-19 school district to provide health services on January 1, 1993,
3-20 satisfies an obligation of a district to employ a registered nurse
3-21 under this section. The continued employment of a licensed
3-22 vocational nurse does not satisfy the obligation if:
3-23 (1) the district assigns the licensed vocational nurse
3-24 to another position; or
3-25 (2) the district increases the responsibilities of the
4-1 position held by the licensed vocational nurse so as to change the
4-2 nature of the position.
4-3 (j) This section does not prohibit a school district that
4-4 complies with the requirements of subsections (a)-(f) of this
4-5 section from hiring licensed vocational nurses as additional
4-6 personnel.
4-7 SECTION 2. Nothing in this Act shall be construed as
4-8 expanding, reducing, or modifying in manner the types of health
4-9 services a school district must provide.
4-10 SECTION 3. This Act takes effect September 1, 1993 and
4-11 applies beginning with the 1993-1994 school year. The State Board
4-12 of Education may adopt rules providing for the phasing in of the
4-13 requirements imposed by this act over a period of time not to
4-14 exceed a five year period beginning September 1, 1993 and ending
4-15 August 31, 1998.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several day
4-20 in each house be suspended, and this rule is hereby suspended.