Amend HB 2202, on third reading, by adding the following new
SECTIONS, appropriately numbered, and by renumbering the subsequent
SECTIONS of the bill accordingly:
SECTION _____. Chapter 38, Education Code, is amended by
adding Section 38.012 to read as follows:
Sec. 38.012. NOTICE CONCERNING HEALTH CARE
SERVICES. (a) Before a school district or school may expand or
change the health care services available at a school in the
district from those that were available on January 1, 1999, the
board of trustees must:
(1) hold a public hearing at which the board discloses
all information on the proposed health care services, including:
(A) all health care services to be provided;
(B) whether federal law permits or requires any
health care service provided to be kept confidential from parents;
(C) whether a child's medical records will be
accessible to the child's parent;
(D) information concerning grant funds to be
used;
(E) the titles of person who will have access to
the medical records of a student; and
(F) the security measures that will be used to
protect the privacy of students' medical records; and
(2) approve the expansion or change by a record vote.
(b) A hearing under Subsection (a) must include an
opportunity for public comment on the proposal.
(c) If, after January 1, 1999, a school district expands or
changes the health care services available at a school in the
district, the district must provide to parents or other persons
having legal control of students at the school, annually:
(1) the information specified under Subsection (a);
and
(2) a summary of complaints the district has received
during the preceding year concerning health care services provided
by the district at the school.
SECTION _____. Chapter 38, Education Code, is amended by
adding Section 38.0095 to read as follows:
Sec. 38.0095. PARENTAL ACCESS TO MEDICAL RECORDS. (a) A
parent or guardian of a student is entitled to access to the
student's medical records maintained by a school district.
(b) On request of a student's parent or guardian, the school
district shall provide a copy of the student's medical records to
the parent or guardian. The district may not impose a charge for
providing the copy that exceeds the charge authorized by Section
552.261, Government Code, for providing a copy of public
information.
SECTION _____. A school district must provide information
required under Section 38.012(c), Education Code, as added by this
Act, annually beginning January, 1, 2000.