S T A T E O F N E W Y O R K
________________________________________________________________________
8976--B
Cal. No. 1285
I N S E N A T E
April 4, 2024
___________
Introduced by Sens. MAYER, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Education --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11365-06-4
S. 8976--B 2
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 FOR SERVICES PROVIDED
BY A TELEHEALTH PROVIDER DELIVERING HEALTH CARE SERVICES BY MEANS OF
TELEHEALTH PURSUANT TO THIS PARAGRAPH, IN CONSULTATION WITH THE COMMIS-
SIONERS OF HEALTH, MENTAL HEALTH, AND THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES. SUCH REGULATIONS SHALL, AT A MINIMUM, INCLUDE
THE REQUIREMENTS FOR LICENSURE OF TELEHEALTH PROVIDERS, BILLING AND
PAYMENT RESPONSIBILITIES FOR TELEHEALTH PROVIDERS, REQUIREMENTS FOR
NECESSARY SPACE AND APPROPRIATE TECHNOLOGY TO ENSURE PATIENT PRIVACY,
STAFFING REQUIREMENTS, APPROPRIATE SCOPE OF SERVICES, AND SHALL BE IN
COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAW. SUCH REGULATIONS
SHALL ENSURE THAT TELEHEALTH SERVICES SUPPLEMENT NOT SUPPLANT SCHOOL
NURSES, SCHOOL PSYCHOLOGISTS, SCHOOL SOCIAL WORKERS, AND SCHOOL COUNSE-
LORS.
(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. SCHOOL DISTRICTS, BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOLS PROVIDING TELEHEALTH
SERVICES SHALL BE RESPONSIBLE FOR ENSURING TECHNOLOGY AND SPACE, AND
REQUIRED PERSONNEL ARE AVAILABLE FOR TELEHEALTH SERVICES PURSUANT TO THE
REGULATIONS, UNLESS PROVIDED BY A LICENSED SCHOOL-BASED HEALTH, DENTAL,
OR MENTAL HEALTH CLINIC.
(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.
