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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation of telehealth services programs at |
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certain public primary and secondary schools and the appointment of |
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a telehealth services program task force to conduct a study and |
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issue a report concerning the implementation of those programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Sections 38.037 and 38.038 to read as follows: |
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Sec. 38.037. TELEHEALTH SERVICES PROGRAM. (a) In this |
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section, "telehealth service" means a health care service delivered |
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by a health professional licensed, certified, or otherwise entitled |
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to practice in this state and acting within the scope of the health |
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professional's license, certification, or entitlement to a patient |
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at a different physical location than the health professional using |
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telecommunications or information technology. |
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(b) Beginning with the 2027-2028 school year, a school |
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district that does not employ a full-time school nurse shall |
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implement a telehealth services program under which district |
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students and employees receive access to telehealth services at |
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each campus of the district. |
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(c) Telehealth services provided under a program |
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implemented under this section: |
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(1) must be provided at no cost to students and |
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employees; and |
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(2) may be provided to a student only with the written |
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consent of the student's parent, guardian, or other person having |
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lawful control of the student. |
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Sec. 38.038. TELEHEALTH SERVICES PROGRAM TASK FORCE; STUDY; |
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REPORT. (a) The commissioner, in consultation with the State Board |
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of Education, shall appoint a task force composed of agency |
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employees and qualified stakeholders, including individuals with |
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experience as educators or parents of public school students. |
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(b) The task force appointed under Subsection (a) shall |
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conduct a study on the implementation of telehealth services |
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programs under Section 38.037 by school districts to which that |
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section applies. The study must: |
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(1) evaluate the availability of telehealth services |
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for each school district that does not employ a full-time school |
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nurse; and |
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(2) identify changes to state law or policy necessary |
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to improve availability of telehealth services described by |
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Subdivision (1). |
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(c) Not later than September 1, 2024, the agency shall |
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submit to the governor, the lieutenant governor, and the members of |
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the legislature a report containing the results of the study |
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conducted under Subsection (b). The report must include: |
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(1) information from school districts regarding the |
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implementation of telehealth services programs under Section |
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38.037; and |
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(2) any recommended changes to state law or policy |
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identified by the task force under Subsection (b)(2). |
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(d) This section expires September 1, 2027. |
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SECTION 2. Not later than December 1, 2023, the |
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commissioner of education, in consultation with the State Board of |
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Education, shall appoint the task force required under Section |
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38.038, Education Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |