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By: Van de Putte S.B. No. 1194
(In the Senate - Filed March 9, 2005; March 21, 2005, read
first time and referred to Committee on Education; May 4, 2005,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 6, Nays 2; May 4, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1194 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to the provision of behavioral health services by
school-based health centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 38.051, Education Code,
is amended to read as follows:
(a) A school district in this state may, if the district
identifies the need, design a model in accordance with this
subchapter for the delivery of cooperative health care programs for
students and their families and may compete for grants awarded
under this subchapter. The model may provide for the delivery of
conventional health and behavioral health services and disease
prevention of emerging health threats that are specific to the
district.
SECTION 2. Sections 38.054 and 38.057, Education Code, are
amended to read as follows:
Sec. 38.054. CATEGORIES OF SERVICES. The permissible
categories of services are:
(1) family and home support;
(2) health care, including immunizations;
(3) dental health care;
(4) health education; [and]
(5) preventive health strategies; and
(6) behavioral health care.
Sec. 38.057. IDENTIFICATION OF HEALTH-RELATED CONCERNS.
(a) The staff of a school-based health center and the person whose
consent is obtained under Section 38.053 shall jointly identify any
health-related or behavioral health-related concerns of a student
that may be interfering with the student's well-being or ability to
succeed in school.
(b) If it is determined that a student is in need of a
referral for mental health or behavioral health services, the staff
of the center shall notify the person whose consent is required
under Section 38.053 verbally and in writing of the basis for the
referral. The referral may not be provided unless the person
provides written consent for the type of service to be provided and
provides specific written consent for each treatment occasion.
SECTION 3. Subsection (b), Section 38.058, Education Code,
is amended to read as follows:
(b) A majority of the members of the council must be parents
of students enrolled in the district. In addition to the appointees
who are parents of students, the board of trustees shall also
appoint at least one person from each of the following groups:
(1) teachers;
(2) school administrators;
(3) licensed health care professionals;
(4) licensed behavioral health care providers;
(5) the clergy;
(6) [(5)] law enforcement;
(7) [(6)] the business community;
(8) [(7)] senior citizens; and
(9) [(8)] students.
SECTION 4. Subsection (b), Section 38.060, Education Code,
is amended to read as follows:
(b) If a school-based health center is located in an area
described by Subsection (a), the school district and the advisory
council established under Section 38.058 shall make a good faith
effort to identify and coordinate with existing providers to
preserve and protect existing health care and behavioral health
care systems and medical relationships in the area.
SECTION 5. Subsection (b), Section 38.061, Education Code,
is amended to read as follows:
(b) The staff of a school-based health center shall, before
delivering a medical service or behavioral health care service to a
person with a primary care physician under the state Medicaid
program, a state children's health plan program, or a private
health insurance or health benefit plan or with an advanced
practice nurse listed as the primary care provider under such a
program or plan, notify the physician or advanced practice nurse
for the purpose of sharing medical and behavioral health
information and obtaining authorization for delivering the medical
or behavioral health service.
SECTION 6. Subsection (f), Section 38.063, Education Code,
is amended to read as follows:
(f) The commissioner of public health shall adopt rules
establishing standards for health care centers funded through
grants that:
(1) place primary emphasis on delivery of health
services and behavioral health services; and
(2) place secondary emphasis on population-based
models that prevent emerging health threats.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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