By:  Madla                                             S.B. No. 345
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the provision of health services in public schools.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subchapter Z, Chapter 21, Education Code, is
    1-4  amended by adding Section 21.938 to read as follows:
    1-5        Sec. 21.938.  PROVISION OF HEALTH SERVICES.  (a)  The Central
    1-6  Education Agency, with the advice of the Texas Department of Health
    1-7  and the advisory committee appointed under Subsection (b) of this
    1-8  section, shall adopt advisory guidelines for the provision of
    1-9  health services to students by a school district.  The advisory
   1-10  guidelines must address:
   1-11              (1)  legal considerations involved in the provision of
   1-12  health services, including compliance with statutes and rules
   1-13  governing the practice of medicine, professional nursing, and
   1-14  pharmacy and applicable public health statutes and rules;
   1-15              (2)  staffing and personnel requirements;
   1-16              (3)  the types of students, including those with
   1-17  disabilities, to whom health services may be provided and how
   1-18  special needs of students may be met;
   1-19              (4)  coordination of school health services with other
   1-20  student services and related instructional programs;
   1-21              (5)  coordination of school health services with health
   1-22  resources in the community;
   1-23              (6)  performance criteria for evaluating the adequacy
   1-24  of school health programs; and
    2-1              (7)  other issues the agency determines appropriate.
    2-2        (b)  The commissioner of education and the commissioner of
    2-3  health shall appoint an advisory committee to assist in developing
    2-4  the advisory guidelines.  The committee must include
    2-5  representatives of organizations that represent nursing interests,
    2-6  school districts, school administrators, classroom teachers,
    2-7  parents of students, child advocacy interests, and public health
    2-8  interests.  A member of the advisory committee may not receive
    2-9  compensation for serving on the committee and is not entitled to
   2-10  reimbursement for expenses while serving on the committee.
   2-11        (c)  The commissioner of education shall conduct an annual
   2-12  survey of school districts regarding the extent to which districts
   2-13  are providing school health services in accordance with the
   2-14  advisory guidelines.
   2-15        (d)  In this section, "advisory guidelines" means standards,
   2-16  practices, or procedures that are recommended for use by school
   2-17  districts.
   2-18        SECTION 2.  Not later than March 1, 1994, the Central
   2-19  Education Agency shall finally adopt school health services
   2-20  advisory guidelines as provided by Section 21.938, Education Code,
   2-21  as added by this Act.  Not later than October 1, 1994, the
   2-22  commissioner of education shall survey school districts to
   2-23  determine the extent to which districts are providing school health
   2-24  services in accordance with the advisory guidelines as provided by
   2-25  Section 21.938, Education Code, as added by this Act.  The
   2-26  commissioner of education shall report to the 74th Legislature in
   2-27  January, 1995, on the advisory guidelines adopted under Section
    3-1  21.938, Education Code, as added by this Act, the results of the
    3-2  commissioner's survey, and recommendations for legislation relating
    3-3  to school health services.
    3-4        SECTION 3.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.