88R2402 AMF-D
 
  By: Guerra H.B. No. 1060
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the implementation of telehealth services programs at
  certain public primary and secondary schools and the appointment of
  a telehealth services program task force to conduct a study and
  issue a report concerning the implementation of those programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Sections 38.037 and 38.038 to read as follows:
         Sec. 38.037.  TELEHEALTH SERVICES PROGRAM. (a)  In this
  section, "telehealth service" means a health care service delivered
  by a health professional licensed, certified, or otherwise entitled
  to practice in this state and acting within the scope of the health
  professional's license, certification, or entitlement to a patient
  at a different physical location than the health professional using
  telecommunications or information technology.
         (b)  Beginning with the 2027-2028 school year, a school
  district that does not employ a full-time school nurse shall
  implement a telehealth services program under which district
  students and employees receive access to telehealth services at
  each campus of the district. 
         (c)  Telehealth services provided under a program
  implemented under this section:
               (1)  must be provided at no cost to students and
  employees; and 
               (2)  may be provided to a student only with the written
  consent of the student's parent, guardian, or other person having
  lawful control of the student.
         Sec. 38.038.  TELEHEALTH SERVICES PROGRAM TASK FORCE; STUDY;
  REPORT.  (a)  The commissioner, in consultation with the State Board
  of Education, shall appoint a task force composed of agency
  employees and qualified stakeholders, including individuals with
  experience as educators or parents of public school students.
         (b)  The task force appointed under Subsection (a) shall
  conduct a study on the implementation of telehealth services
  programs under Section 38.037 by school districts to which that
  section applies. The study must: 
               (1)  evaluate the availability of telehealth services
  for each school district that does not employ a full-time school
  nurse; and 
               (2)  identify changes to state law or policy necessary
  to improve availability of telehealth services described by
  Subdivision (1).
         (c)  Not later than September 1, 2024, the agency shall
  submit to the governor, the lieutenant governor, and the members of
  the legislature a report containing the results of the study
  conducted under Subsection (b). The report must include:
               (1)  information from school districts regarding the
  implementation of telehealth services programs under Section
  38.037; and
               (2)  any recommended changes to state law or policy
  identified by the task force under Subsection (b)(2).
         (d)  This section expires September 1, 2027. 
         SECTION 2.  Not later than December 1, 2023, the
  commissioner of education, in consultation with the State Board of
  Education, shall appoint the task force required under Section
  38.038, Education Code, as added by this Act.
         SECTION 3.  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, 2023.