By: Madla S.B. No. 345 (In the Senate - Filed February 12, 1993; February 15, 1993, read first time and referred to Committee on Education; May 12, 1993, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 12, 1993, sent to printer.) COMMITTEE VOTE Yea Nay PNV Absent Ratliff x Haley x Barrientos x Bivins x Harris of Tarrant x Luna x Montford x Shapiro x Sibley x Turner x Zaffirini x COMMITTEE SUBSTITUTE FOR S.B. No. 345 By: Haley 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; 1-24 (6) performance criteria for evaluating the adequacy 1-25 of school health programs; and 1-26 (7) other issues the agency determines appropriate. 1-27 (b) The commissioner of education and the commissioner of 1-28 health shall appoint an advisory committee to assist in developing 1-29 the advisory guidelines. The committee must include 1-30 representatives of organizations that represent nursing interests, 1-31 school districts, school administrators, classroom teachers, 1-32 parents of students, child advocacy interests, and public health 1-33 interests. A member of the advisory committee may not receive 1-34 compensation for serving on the committee and is not entitled to 1-35 reimbursement for expenses while serving on the committee. 1-36 (c) The commissioner of education shall conduct an annual 1-37 survey of school districts regarding the extent to which districts 1-38 are providing school health services in accordance with the 1-39 advisory guidelines. 1-40 (d) In this section, "advisory guidelines" means standards, 1-41 practices, or procedures that are recommended for use by school 1-42 districts. 1-43 SECTION 2. Not later than March 1, 1994, the Central 1-44 Education Agency shall finally adopt school health services 1-45 advisory guidelines as provided by Section 21.938, Education Code, 1-46 as added by this Act. Not later than October 1, 1994, the 1-47 commissioner of education shall survey school districts to 1-48 determine the extent to which districts are providing school health 1-49 services in accordance with the advisory guidelines as provided by 1-50 Section 21.938, Education Code, as added by this Act. The 1-51 commissioner of education shall report to the 74th Legislature in 1-52 January, 1995, on the advisory guidelines adopted under Section 1-53 21.938, Education Code, as added by this Act, the results of the 1-54 commissioner's survey, and recommendations for legislation relating 1-55 to school health services. 1-56 SECTION 3. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended. 1-61 * * * * * 1-62 Austin, 1-63 Texas 1-64 May 12, 1993 1-65 Hon. Bob Bullock 1-66 President of the Senate 1-67 Sir: 1-68 We, your Committee on Education to which was referred S.B. No. 345, 2-1 have had the same under consideration, and I am instructed to 2-2 report it back to the Senate with the recommendation that it do not 2-3 pass, but that the Committee Substitute adopted in lieu thereof do 2-4 pass and be printed. 2-5 Ratliff, 2-6 Chairman 2-7 * * * * * 2-8 WITNESSES 2-9 FOR AGAINST ON 2-10 ___________________________________________________________________ 2-11 Name: Charles T. Harms x 2-12 Representing: Northside ISD 2-13 City: San Antonio 2-14 ------------------------------------------------------------------- 2-15 Name: Shirley Schrriber x 2-16 Representing: Texas Assoc. of School Nurses 2-17 City: San Antonio 2-18 ------------------------------------------------------------------- 2-19 Name: Sandy Kibby x 2-20 Representing: Texas PTA 2-21 City: Austin 2-22 ------------------------------------------------------------------- 2-23 Name: James Willmann x 2-24 Representing: Texas Nurses Assoc. 2-25 City: Austin 2-26 -------------------------------------------------------------------