NY State Senate Bill 2023-S8976

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2024	referred to education

2023-S8976 (ACTIVE) - Details

See Assembly Version of this Bill:: A7602
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §414, Ed L

2023-S8976 (ACTIVE) - Summary

Authorizes the delivery of telehealth services in schools by licensed providers.

2023-S8976 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8976

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to allowing for the
delivery of telehealth services in schools by licensed providers

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that students have access to healthcare and telehealth
services in school buildings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (j) of subdivision 1 of section 414 of the
education law to add telehealth to the list of school-based health
services available to students and define school-based telehealth
provider. This section also adds subparagraph (v) establishing that
written parental consent is required to provide students with telehealth
services.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Schools have taken on increasing responsibilities in our communities.
They are hubs for more than just education - they provide access to
healthcare, mental health services, among other resources to students.
Some schools have school-based health centers which provide primary and
preventative care in school settings, helping to expand access to
healthcare in high-need communities.1 But many school communities, espe-
cially those in rural areas, who would benefit from increased access to
healthcare, do not have access to a clinic. This legislation would
provide expanded access to care by authorizing the provision of tele-
health services in schools that do not have a school-based health clin-
ic.

Chapter 285 of the laws of 2017 authorized the provision of telehealth
services in schools. This legislation clarifies that such services may
be provided even if a school does not have a school-based health clinic.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after this act becomes law.
1 https://www.health.nv.govifacilities/school based health
centers/skprogram.htm

2023-S8976 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8976
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  allowing  for  the
   delivery of telehealth services in schools by licensed providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (j) of subdivision 1 of section 414 of the educa-
 tion law, as added by chapter 513 of the laws of 2005, subparagraph  (i)
 as  amended  by  chapter  672 of the laws of 2019, is amended to read as
 follows:
   (j) For licensed school-based health, dental or mental health  clinics
 AND TELEHEALTH PROVIDERS.  (i) For the purposes of this subdivision, the
 term  "licensed  school-based health, dental or mental health clinic AND
 TELEHEALTH PROVIDER" means a clinic OR TELEHEALTH PROVIDER,  AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-CC OF THE
 PUBLIC HEALTH LAW, that is located in, OR PROVIDE SERVICES TO, a  school
 facility  of  a  school  district [or], board of cooperative educational
 services, OR CHARTER SCHOOL, is operated by an  entity  other  than  the
 school  district  [or],  board  of  cooperative educational services, OR
 CHARTER SCHOOL and will provide health, dental or mental health services
 during school hours and/or non-school hours to school-age and  preschool
 children, and that is: (1) a health clinic approved under the provisions
 of  chapter  one  hundred  ninety-eight  of the laws of nineteen hundred
 seventy-eight; or (2)  another  school-based  health  or  dental  clinic
 licensed by the department of health pursuant to article twenty-eight of
 the  public  health  law;  or  (3)  a  school-based mental health clinic
 licensed or approved by the office of mental health pursuant to  article
 thirty-one  of  the  mental  hygiene  law;  or (4) a school-based mental
 health clinic licensed by the office for people with developmental disa-
 bilities pursuant to article sixteen of the mental hygiene law; OR (5) A
 TELEHEALTH PROVIDER DELIVERING HEALTH CARE SERVICES BY  MEANS  OF  TELE-
 HEALTH  IN  ACCORDANCE  WITH  ARTICLE TWENTY-NINE-G OF THE PUBLIC HEALTH
 LAW. THE   COMMISSIONER  SHALL  DEVELOP  REGULATIONS  TO  IMPLEMENT  THE
 PROVISIONS  OF THIS PARAGRAPH, IN CONSULTATION WITH THE COMMISSIONERS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11365-01-3
 S. 8976                             2
 
 HEALTH, MENTAL HEALTH, AND THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES.
   (ii)  Health  professionals  who provide services [in licensed school-
 based health, dental or mental health clinics] PURSUANT  TO  THIS  PARA-
 GRAPH  shall  be duly licensed pursuant to the provisions of title eight
 of this chapter unless otherwise exempted by law and shall be authorized
 to provide such services to the extent  permitted  by  their  respective
 practice acts.
   (iii)  Except where otherwise authorized by law, the cost of providing
 health, dental or mental health services, INCLUDING TELEHEALTH SERVICES,
 shall not be a charge upon the school district [or],  board  of  cooper-
 ative  educational  services,  OR CHARTER SCHOOL, and shall be paid from
 federal, state or other local funds available for such purpose. Building
 space used for [such a clinic] THE PROVISION OF HEALTH, DENTAL OR MENTAL
 HEALTH SERVICES, INCLUDING TELEHEALTH SERVICES, shall be  excluded  from
 the  rated  capacity of the school building for the purpose of computing
 building aid pursuant to subdivision six of section  thirty-six  hundred
 two of this chapter or aid pursuant to subdivision five of section nine-
 teen hundred fifty of this chapter.
   (iv)  Nothing  in this paragraph shall be construed to justify a cause
 of action for damages against a school district [or a], board of cooper-
 ative educational services, OR CHARTER SCHOOL,  by  reason  of  acts  of
 negligence  or  misconduct  by  a  school-based health, dental or mental
 health clinic or such clinic's officers or employees OR BY A  TELEHEALTH
 PROVIDER OR SUCH TELEHEALTH PROVIDER'S OFFICERS OR EMPLOYEES.
   (V)  TELEHEALTH  SERVICES MAY ONLY BE PROVIDED TO STUDENTS PURSUANT TO
 THIS PARAGRAPH IF THE STUDENT HAS  WRITTEN  CONSENT  FROM  A  PARENT  OR
 PERSON IN PARENTAL RELATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S8976

Sponsored By

Current Bill Status - In Senate Committee Education Committee

2023-S8976 (ACTIVE) - Details

2023-S8976 (ACTIVE) - Summary

2023-S8976 (ACTIVE) - Sponsor Memo

2023-S8976 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8976

Share this bill

Sponsored By

Shelley B. Mayer

Current Bill Status - In Senate Committee Education Committee

2023-S8976 (ACTIVE) - Details

2023-S8976 (ACTIVE) - Summary

2023-S8976 (ACTIVE) - Sponsor Memo

2023-S8976 (ACTIVE) - Bill Text download pdf

Comments