SRC-AXB H.B. 2202 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2202
By: Tillery (West)
Education
5/14/1999
Engrossed


DIGEST 

Currently, there are no school-based health clinics across the state that
provide health services to children without access to health care due to
lack of providers or extreme poverty. H.B. 2202 sets forth provisions
regarding health centers on public school campuses, including mental health
services, funding, grant awards, surveys, and parental access to medical
records. 

PURPOSE

As proposed, H.B. 2202 sets forth provisions regarding health centers on
public school campuses, including mental health services, funding, grant
awards, surveys, and parental access to medical records. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education and the
commissioner of public health in SECTION 1 (Section 38.011(n), Education
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Education Code, by adding Section 38.011, as
follows: 

Sec.  38.011.  SCHOOL-BASED HEALTH CENTERS.  Authorizes a school district
to design a certain model for the deliver of cooperative health care
programs for students and their families, and is authorized to compete for
grants awarded under this sections.  Sets forth provisions regarding the
model.  Sets forth provisions for the establishment of a  schoolbased
health center (SBHC).  Authorizes an SBHC to provide services to a student,
under certain conditions.  Authorizes certain entities to give consent for
a student to receive ongoing services, or may limit consent to service.
Sets forth requirements for the consent form.  Sets forth permissible
categories of services.  Prohibits the provision of reproductive services,
counseling, or referrals from being provided through an SBHC.  Sets forth
requirements for any services which is provided by using grants.  Requires
certain joint identification of a student's health concerns by school staff
and a student's guardian.  Sets forth required notification related to the
determination that a student is in need of a mental health services
referral.  Sets forth provisions for the board of trustees of a school
district to establish and appoint members of an advisory council.  Sets
forth membership requirements for the council.  Authorizes a school
district to seek assistance in establishing and operating an SBHC, and
requires cooperation.  Sets forth identification and coordination
requirements for certain entities in the case of an SBHC being located in a
certain area.  Requires the council to keep a certain record of efforts.
Provides that certain requirements apply only to SBHCs serving certain
areas.  Sets forth medical notification requirements.  Requires certain
entities with whom the district contracts to seek all available sources of
funding to pay for services.  Requires the commissioner of education and
the commissioner of public health (commissioners) to jointly administer a
program under which grants are awarded to assist school districts with
certain operational costs.  Requires these commissioners to adopt rules and
establish procedures for awarding grants.  Prohibits a school district from
receiving more than $250,000 per biennium through grants.  Sets forth grant
eligibility requirements.  Sets forth requirements for the rules.  Provides
that the commissioners are partners in administering the grants.  Requires
the Texas Education Agency and the Texas Department  of Health to enter
into a certain memorandum of understanding.  Sets forth memorandum of
understanding requirements.  Requires the commissioners to jointly issue an
annual report to the legislature about the relative efficacy of services
delivered by certain entities.  Requires the commissioners to ensure that
data is collected and aggregated appropriately, in the process of obtaining
statistics required fort the report.  Requires the commissioners to require
client surveys to be conducted, and requires the results of those surveys
to be included in the annual report. 

SECTION 2.  Amends Chapter 38, Education Code, by adding Section 38.012, as
follows: 

Sec.  38.012.  NOTICE CONCERNING HEALTH CARE SERVICES.  Sets forth board of
trustees requirements prior to the authorization of a school district or
school to expand or change health care services.  Requires an opportunity
for public comment on the proposal, in the process of a hearing.  Requires
the school district to provide certain information to certain entities
annually. 

SECTION 3.  Amends Chapter 38, Education Code, by adding Section 38.0095,
as follows: 

Sec.  38.0095.   PARENTAL ACCESS TO MEDICAL RECORDS.  Entitles a parent or
guardian to access the student's medical records which are maintained by a
school district. Requires the school district to provide the records on
request of the student's parent or guardian.  Prohibits the district from
imposing a charge for providing the copy that exceeds a certain charge for
providing a copy of public information. 

SECTION 4.  Requires a school district to provide certain information
annually, beginning January 1, 2000. 

SECTION 5.  Emergency clause.
  Effective date:  upon passage.