76R14439 KKA-F                           
         By Tillery, Naishtat, Coleman, Salinas                H.B. No. 2202
         Substitute the following for H.B. No. 2202:
         By Dunnam                                         C.S.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.  An appropriate
 2-1     person may give consent for a student to receive ongoing services
 2-2     or may limit consent to one or more services provided on a single
 2-3     occasion.  The consent form must list every service the
 2-4     school-based health center delivers in a format that complies with
 2-5     all applicable state and federal laws and allows a person to
 2-6     consent to one or more categories of services.  The permissible
 2-7     categories of services are:
 2-8                 (1)  family and home support;
 2-9                 (2)  health care, including immunizations;
2-10                 (3)  dental health care;
2-11                 (4)  health education; and
2-12                 (5)  preventive health strategies.
2-13           (d)  Reproductive services or counseling may not be provided
2-14     through a school-based health center using grant funds awarded
2-15     under this section.  Any service provided using grant funds must be
2-16     provided by an appropriate professional who is properly licensed,
2-17     certified, or otherwise authorized under state law to provide the
2-18     service.
2-19           (e)  The staff of a school-based health center and the person
2-20     whose consent is obtained under Subsection (c) shall jointly
2-21     identify any health-related concerns of a student that may be
2-22     interfering with the student's well-being or ability to succeed in
2-23     school.
2-24           (f)  If it is determined that a student is in need of a
2-25     referral for mental health services, the staff of the center shall
2-26     notify the person whose consent is required under Subsection (c)
2-27     verbally and in writing of the basis for the referral.  The
 3-1     referral may not be provided unless the person provides written
 3-2     consent for the type of service to be provided and provides
 3-3     specific written consent for each treatment occasion.
 3-4           (g)  The board of trustees of a school district may establish
 3-5     and appoint members to a local health education and health care
 3-6     advisory council to make recommendations to the district on the
 3-7     establishment of school-based health centers and to assist the
 3-8     district in ensuring that local community values are reflected in
 3-9     the operation of each center and in the provision of health
3-10     education.  A majority of the members of the council must be
3-11     parents of students enrolled in the district.  The board of
3-12     trustees shall also appoint at least one person from each of the
3-13     following groups:
3-14                 (1)  teachers;
3-15                 (2)  school administrators;
3-16                 (3)  licensed health care professionals;
3-17                 (4)  the clergy;
3-18                 (5)  law enforcement;
3-19                 (6)  the business community;
3-20                 (7)  senior citizens; and
3-21                 (8)  students.
3-22           (h)  A school district may seek assistance in establishing
3-23     and operating a school-based health center from any public health
3-24     agency in the community.  On request, a public health agency shall
3-25     cooperate with a district and to the extent practicable,
3-26     considering the resources of the agency, may provide assistance.  A
3-27     district and a public health agency may, by agreement, jointly
 4-1     establish, operate, and fund a school-based health center.
 4-2           (i)  If a school-based health center is located in an area
 4-3     described by Subsection (j):
 4-4                 (1)  the school district and the advisory council
 4-5     established under Subsection (g) shall coordinate with existing
 4-6     providers to preserve and protect existing health care systems and
 4-7     medical relationships in the area; and
 4-8                 (2)  the staff of the center shall, before delivering a
 4-9     medical service to a person with a primary care physician under the
4-10     state Medicaid program, a state children's health plan program, or
4-11     a private health insurance or health benefit plan, notify the
4-12     physician for the purpose of sharing medical information and
4-13     obtaining authorization for delivering the medical service.
4-14           (j)  The requirements prescribed by Subsection (i) apply only
4-15     to a school-based health center serving an area that:
4-16                 (1)  is located in a county with a population not
4-17     greater than 50,000; or
4-18                 (2)  has been designated under state or federal law as:
4-19                       (A)  a health professional shortage area;
4-20                       (B)  a medically underserved area; or
4-21                       (C)  a medically underserved community by the
4-22     Center for Rural Health Initiatives.
4-23           (k)  If a person receiving a medical service from a
4-24     school-based health center  has a primary care physician, the staff
4-25     of the center shall provide notice of the service the person
4-26     received to the primary care physician in order to allow the
4-27     physician to maintain a complete medical history of the person.
 5-1           (l)  A school district or the provider with whom the district
 5-2     contracts shall seek all available sources of funding to compensate
 5-3     the district or provider for services provided by a school-based
 5-4     health center, including money available under the state Medicaid
 5-5     program, a state children's health plan program, or private health
 5-6     insurance or health benefit plans.
 5-7           (m)  Subject to the availability of federal or state
 5-8     appropriated funds, the commissioner of education and the
 5-9     commissioner of public health shall jointly administer a program
5-10     under which grants are awarded to assist school districts with the
5-11     costs of operating school-based health centers in accordance with
5-12     this section.  The commissioners, by rules adopted in accordance
5-13     with this section, shall establish procedures for awarding grants.
5-14           (n)  A school district may not receive more than $250,000 per
5-15     biennium through grants awarded under this section.  To be eligible
5-16     to receive a grant, a district must provide matching funds in
5-17     accordance with rules adopted under Subsection (m).  The matching
5-18     funds may be obtained from any source available to the district,
5-19     including in-kind contributions, community or foundation grants,
5-20     individual contributions, and local governmental agency operating
5-21     funds.
5-22           (o)  The rules adopted under Subsection (m) must provide
5-23     that:
5-24                 (1)  grants are awarded to school districts on an
5-25     annual basis through a competitive process; and
5-26                 (2)  a preference is given to school districts that are
5-27     located in rural areas or that have low property wealth per
 6-1     student.
 6-2           (p)  The commissioner of education and the commissioner of
 6-3     public health are partners in administering the grants.  The Texas
 6-4     Education Agency and the Texas Department of Health shall enter
 6-5     into a memorandum of understanding that prescribes the duties of
 6-6     each agency and commissioner.  The memorandum must provide that:
 6-7                 (1)  the commissioner of public health is responsible
 6-8     for administering the state and federal funds used to provide the
 6-9     grants;
6-10                 (2)  the commissioner of public health shall adopt
6-11     rules establishing standards for health care delivery in a
6-12     school-based health center funded through a grant that place
6-13     primary emphasis on delivery of physical and mental health services
6-14     and secondary emphasis on population-based models that prevent
6-15     emerging health threats;
6-16                 (3)  all programs shall be designed to meet the
6-17     following goals:
6-18                       (A)  reducing student absenteeism;
6-19                       (B)  increasing a student's ability to meet the
6-20     student's  academic potential; and
6-21                       (C)  stabilizing the physical and mental
6-22     well-being of a student; and
6-23                 (4)  the commissioner of education shall determine
6-24     which school districts receive grants.
6-25           (q)  Based on statistics obtained from every school-based
6-26     health center in this state, the commissioner of education and the
6-27     commissioner of public health shall jointly issue an annual report
 7-1     to the legislature about the relative efficacy of services
 7-2     delivered by school-based health centers and any increased academic
 7-3     success of students at campuses served by those centers, with
 7-4     special emphasis on any increased attendance, decreased drop-out
 7-5     rates, improved student health, and improved performance on student
 7-6     assessment instruments administered under Subchapter B, Chapter 39.
 7-7     In obtaining statistics for preparation of the report required by
 7-8     this subsection, the commissioners shall ensure that data is
 7-9     collected for each county and aggregated appropriately according to
7-10     geographical region.
7-11           (r)  The commissioner of education and the commissioner of
7-12     public health shall require client surveys to be conducted in
7-13     school-based health centers funded through grants provided under
7-14     this section, and the results of those surveys must be included in
7-15     the annual report required under Subsection (q).
7-16           SECTION 2.  The importance of this legislation and the
7-17     crowded condition of the calendars in both houses create an
7-18     emergency and an imperative public necessity that the
7-19     constitutional rule requiring bills to be read on three several
7-20     days in each house be suspended, and this rule is hereby suspended,
7-21     and that this Act take effect and be in force from and after its
7-22     passage, and it is so enacted.