By Tillery                                            H.B. No. 2202
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health centers on public school campuses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 38, Education Code, is amended by adding
 1-5     Section 38.011 to read as follows:
 1-6           Sec. 38.011.  SCHOOL-BASED HEALTH CENTERS.  (a)  A school
 1-7     district in this state may, if the district identifies the need,
 1-8     design a model in accordance with this section for the delivery of
 1-9     cooperative health care programs for students and their families
1-10     and may compete for grants awarded under this section.  The model
1-11     may provide for the delivery of conventional health services and
1-12     disease prevention of emerging health threats that are specific to
1-13     the district.
1-14           (b)  On the recommendation of an advisory council established
1-15     under Subsection (g), a school district may establish a
1-16     school-based health center at one or more campuses in the district
1-17     to meet the health care needs of students and their families.  A
1-18     district may contract with a person to provide services at a
1-19     school-based health center.
1-20           (c)  A school-based health center may provide services to a
1-21     student only if the district or the provider with whom the district
1-22     contracts obtains the written consent of the student's parent,
1-23     guardian, or other person having legal control of the student on a
1-24     consent form developed by the district or provider.  The student's
 2-1     parent, guardian, or other person having legal control of the
 2-2     student may give consent for a student to receive ongoing services
 2-3     or may limit consent to one or more services provided on a single
 2-4     occasion.  The consent form must list every service the
 2-5     school-based health center delivers in a format that complies with
 2-6     all applicable state and federal laws and allows a person to
 2-7     consent to one or more categories of services.  The permissible
 2-8     categories of services are:
 2-9                 (1)  family and home support;
2-10                 (2)  health care, including immunizations;
2-11                 (3)  dental health care;
2-12                 (4)  health education; and
2-13                 (5)  preventive health strategies.
2-14           (d)  Reproductive services, counseling, or referrals may not
2-15     be provided through a school-based health center using grant funds
2-16     awarded under this section.  Any service provided using grant funds
2-17     must be provided by an appropriate professional who is properly
2-18     licensed, certified, or otherwise authorized under state law to
2-19     provide the service.
2-20           (e)  The staff of a school-based health center and the person
2-21     whose consent is obtained under Subsection (c) shall jointly
2-22     identify any health-related concerns of a student that may be
2-23     interfering with the student's well-being or ability to succeed in
2-24     school.
2-25           (f)  If it is determined that a student is in need of a
2-26     referral for mental health services, the staff of the center shall
2-27     notify the person whose consent is required under Subsection (c)
 3-1     verbally and in writing of the basis for the referral.  The
 3-2     referral may not be provided unless the person provides written
 3-3     consent for the type of service to be provided and provides
 3-4     specific written consent for each treatment occasion.
 3-5           (g)  The board of trustees of a school district may establish
 3-6     and appoint members to a local health education and health care
 3-7     advisory council to make recommendations to the district on the
 3-8     establishment of school-based health centers and to assist the
 3-9     district in ensuring that local community values are reflected in
3-10     the operation of each center and in the provision of health
3-11     education.  A majority of the members of the council must be
3-12     parents of students enrolled in the district.  In addition to the
3-13     appointees who are parents of students, the board of trustees shall
3-14     also appoint at least one person from each of the following groups:
3-15                 (1)  teachers;
3-16                 (2)  school administrators;
3-17                 (3)  licensed health care professionals;
3-18                 (4)  the clergy;
3-19                 (5)  law enforcement;
3-20                 (6)  the business community;
3-21                 (7)  senior citizens; and
3-22                 (8)  students.
3-23           (h)  A school district may seek assistance in establishing
3-24     and operating a school-based health center from any public health
3-25     agency in the community.  On request, a public health agency shall
3-26     cooperate with a district and to the extent practicable,
3-27     considering the resources of the agency, may provide assistance.  A
 4-1     district and a public health agency may, by agreement, jointly
 4-2     establish, operate, and fund a school-based health center.
 4-3           (i)  If a school-based health center is located in an area
 4-4     described by Subsection (j), the school district and the advisory
 4-5     council established under Subsection (g) shall make a good faith
 4-6     effort to identify and coordinate with existing providers to
 4-7     preserve and protect existing health care systems and medical
 4-8     relationships in the area.  The council shall keep a record of
 4-9     efforts made to coordinate with existing providers.
4-10           (j)  The requirements prescribed by Subsection (i) apply only
4-11     to a school-based health center serving an area that:
4-12                 (1)  is located in a county with a population not
4-13     greater than 50,000; or
4-14                 (2)  has been designated under state or federal law as:
4-15                       (A)  a health professional shortage area;
4-16                       (B)  a medically underserved area; or
4-17                       (C)  a medically underserved community by the
4-18     Center for Rural Health Initiatives.
4-19           (k)  If a person receiving a medical service from a
4-20     school-based health center  has a primary care physician, the staff
4-21     of the center shall provide notice of the service the person
4-22     received to the primary care physician in order to allow the
4-23     physician to maintain a complete medical history of the person.
4-24           (l)  The staff of a school-based health center shall, before
4-25     delivering a medical service to a person with a primary care
4-26     physician under the state Medicaid program, a state children's
4-27     health plan program, or a private health insurance or health
 5-1     benefit plan, notify the physician for the purpose of sharing
 5-2     medical information and obtaining authorization for delivering the
 5-3     medical service.
 5-4           (m)  A school district or the provider with whom the district
 5-5     contracts shall seek all available sources of funding to compensate
 5-6     the district or provider for services provided by a school-based
 5-7     health center, including money available under the state Medicaid
 5-8     program, a state children's health plan program, private health
 5-9     insurance or health benefit plans, or the ability of those using a
5-10     school-based clinic to pay for the services.
5-11           (n)  Subject to the availability of federal or state
5-12     appropriated funds, the commissioner of education and the
5-13     commissioner of public health shall jointly administer a program
5-14     under which grants are awarded to assist school districts with the
5-15     costs of operating school-based health centers in accordance with
5-16     this section.  The commissioners, by rules adopted in accordance
5-17     with this section, shall establish procedures for awarding grants.
5-18           (o)  A school district may not receive more than $250,000 per
5-19     biennium through grants awarded under this section.  To be eligible
5-20     to receive a grant, a district must provide matching funds in
5-21     accordance with rules adopted under Subsection (n).  The matching
5-22     funds may be obtained from any source available to the district,
5-23     including in-kind contributions, community or foundation grants,
5-24     individual contributions, and local governmental agency operating
5-25     funds.
5-26           (p)  The rules adopted under Subsection (n) must provide
5-27     that:
 6-1                 (1)  grants are awarded to school districts on an
 6-2     annual basis through a competitive process; and
 6-3                 (2)  a preference is given to school districts that are
 6-4     located in rural areas or that have low property wealth per
 6-5     student.
 6-6           (q)  The commissioner of education and the commissioner of
 6-7     public health are partners in administering the grants.  The Texas
 6-8     Education Agency and the Texas Department of Health shall enter
 6-9     into a memorandum of understanding that prescribes the duties of
6-10     each agency and commissioner.  The memorandum must provide that:
6-11                 (1)  the commissioner of public health is responsible
6-12     for administering the state and federal funds used to provide the
6-13     grants;
6-14                 (2)  the commissioner of public health shall adopt
6-15     rules establishing standards for health care delivery in a
6-16     school-based health center funded through a grant that place
6-17     primary emphasis on delivery of physical health services and
6-18     secondary emphasis on population-based models that prevent emerging
6-19     health threats;
6-20                 (3)  all programs shall be designed to meet the
6-21     following goals:
6-22                       (A)  reducing student absenteeism;
6-23                       (B)  increasing a student's ability to meet the
6-24     student's  academic potential; and
6-25                       (C)  stabilizing the physical well-being of a
6-26     student; and
6-27                 (4)  the commissioner of education may determine which
 7-1     school districts receive grants.
 7-2           (r)  Based on statistics obtained from every school-based
 7-3     health center in this state, the commissioner of education and the
 7-4     commissioner of public health shall jointly issue an annual report
 7-5     to the legislature about the relative efficacy of services
 7-6     delivered by school-based health centers and any increased academic
 7-7     success of students at campuses served by those centers, with
 7-8     special emphasis on any increased attendance, decreased drop-out
 7-9     rates, improved student health, and improved performance on student
7-10     assessment instruments administered under Subchapter B, Chapter 39.
7-11     In obtaining statistics for preparation of the report required by
7-12     this subsection, the commissioners shall ensure that data is
7-13     collected for each county and aggregated appropriately according to
7-14     geographical region.
7-15           (s)  The commissioner of education and the commissioner of
7-16     public health shall require client surveys to be conducted in
7-17     school-based health centers funded through grants provided under
7-18     this section, and the results of those surveys must be included in
7-19     the annual report required under Subsection (r).
7-20           SECTION 2.  Chapter 38, Education Code, is amended by adding
7-21     Section 38.012 to read as follows:
7-22           Sec. 38.012.  NOTICE CONCERNING HEALTH CARE SERVICES.  (a)
7-23     Before a school district or school may expand or change the health
7-24     care services available at a school in the district from those that
7-25     were available on January 1, 1999, the board of trustees must:
7-26                 (1)  hold a public hearing at which the board discloses
7-27     all information on the proposed health care services, including:
 8-1                       (A)  all health care services to be provided;
 8-2                       (B)  whether federal law permits or requires any
 8-3     health care service provided to be kept confidential from parents;
 8-4                       (C)  whether a child's medical records will be
 8-5     accessible to the child's parent;
 8-6                       (D)  information concerning grant funds to be
 8-7     used;
 8-8                       (E)  the titles of persons who will have access
 8-9     to the medical records of a student; and
8-10                       (F)  the security measures that will be used to
8-11     protect the privacy of students' medical records; and
8-12                 (2)  approve the expansion or change by a record vote.
8-13           (b)  A hearing under Subsection (a) must include an
8-14     opportunity for public comment on the proposal.
8-15           (c)  If, after January 1, 1999, a school district expands or
8-16     changes the health care services available at a school in the
8-17     district, the district must provide to parents or other persons
8-18     having legal control of students at the school, annually:
8-19                 (1)  the information specified under Subsection (a);
8-20     and
8-21                 (2)  a summary of complaints the district has received
8-22     during the preceding year concerning health care services provided
8-23     by the district at the school.
8-24           SECTION 3.  Chapter 38, Education Code, is amended by adding
8-25     Section 38.0095 to read as follows:
8-26           Sec. 38.0095.  PARENTAL ACCESS TO MEDICAL RECORDS.  (a)  A
8-27     parent or guardian of a student is entitled to access to the
 9-1     student's medical records maintained by a school district.
 9-2           (b)  On request of a student's parent or guardian, the school
 9-3     district shall provide a copy of the student's medical records to
 9-4     the parent or guardian.  The district may not impose a charge for
 9-5     providing the copy that exceeds the charge authorized by Section
 9-6     552.261, Government Code, for providing a copy of public
 9-7     information.
 9-8           SECTION 4.  A school district must provide information
 9-9     required under Section 38.012(c), Education Code, as added by this
9-10     Act, annually beginning January 1, 2000.
9-11           SECTION 5.  The importance of this legislation and the
9-12     crowded condition of the calendars in both houses create an
9-13     emergency and an imperative public necessity that the
9-14     constitutional rule requiring bills to be read on three several
9-15     days in each house be suspended, and this rule is hereby suspended,
9-16     and that this Act take effect and be in force from and after its
9-17     passage, and it is so enacted.