S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2077
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sens.  MAYER, JACKSON -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05530-01-5
              

 S. 2077                             2
 
 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.