Bill Text: NY A07602 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A07602 Detail]

Download: New_York-2023-A07602-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7602

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Higher 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:

     1    Section 1. Paragraph (j) of subdivision 1 of section 414 of the educa-
     2  tion  law, as added by chapter 513 of the laws of 2005, subparagraph (i)
     3  as amended by chapter 672 of the laws of 2019, is  amended  to  read  as
     4  follows:
     5    (j)  For licensed school-based health, dental or mental health clinics
     6  and telehealth providers.  (i) For the purposes of this subdivision, the
     7  term "licensed school-based health, dental or mental health  clinic  and
     8  telehealth  provider"  means a clinic or telehealth provider, as defined
     9  in subdivision two of section twenty-nine hundred ninety-nine-cc of  the
    10  public  health law, that is located in, or provide services to, a school
    11  facility of a school district [or],  board  of  cooperative  educational
    12  services,  or  charter  school,  is operated by an entity other than the
    13  school district [or], board  of  cooperative  educational  services,  or
    14  charter school and will provide health, dental or mental health services
    15  during  school hours and/or non-school hours to school-age and preschool
    16  children, and that is: (1) a health clinic approved under the provisions
    17  of chapter one hundred ninety-eight of  the  laws  of  nineteen  hundred
    18  seventy-eight;  or  (2)  another  school-based  health  or dental clinic
    19  licensed by the department of health pursuant to article twenty-eight of
    20  the public health law;  or  (3)  a  school-based  mental  health  clinic
    21  licensed  or approved by the office of mental health pursuant to article
    22  thirty-one of the mental hygiene  law;  or  (4)  a  school-based  mental
    23  health clinic licensed by the office for people with developmental disa-
    24  bilities pursuant to article sixteen of the mental hygiene law; or (5) a
    25  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.
                                                                   LBD11365-01-3
        A. 7602                             2

     1  health in accordance with article twenty-nine-G  of  the  public  health
     2  law.  The    commissioner  shall  develop  regulations  to implement the
     3  provisions of this paragraph, in consultation with the commissioners  of
     4  health,  mental  health,  and  the  office for people with developmental
     5  disabilities.
     6    (ii) Health professionals who provide services  [in  licensed  school-
     7  based  health,  dental  or mental health clinics] pursuant to this para-
     8  graph shall be duly licensed pursuant to the provisions of  title  eight
     9  of this chapter unless otherwise exempted by law and shall be authorized
    10  to  provide  such  services  to the extent permitted by their respective
    11  practice acts.
    12    (iii) Except where otherwise authorized by law, the cost of  providing
    13  health, dental or mental health services, including telehealth services,
    14  shall  not  be  a charge upon the school district [or], board of cooper-
    15  ative educational services, or charter school, and shall  be  paid  from
    16  federal, state or other local funds available for such purpose. Building
    17  space used for [such a clinic] the provision of health, dental or mental
    18  health  services,  including telehealth services, shall be excluded from
    19  the rated capacity of the school building for the purpose  of  computing
    20  building  aid  pursuant to subdivision six of section thirty-six hundred
    21  two of this chapter or aid pursuant to subdivision five of section nine-
    22  teen hundred fifty of this chapter.
    23    (iv) Nothing in this paragraph shall be construed to justify  a  cause
    24  of action for damages against a school district [or a], board of cooper-
    25  ative  educational  services,  or  charter  school, by reason of acts of
    26  negligence or misconduct by a  school-based  health,  dental  or  mental
    27  health  clinic or such clinic's officers or employees or by a telehealth
    28  provider or such telehealth provider's officers or employees.
    29    (v) Telehealth services may only be provided to students  pursuant  to
    30  this  paragraph  if  the  student  has  written consent from a parent or
    31  person in parental relation.
    32    § 2. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law. Effective immediately, the addition,  amend-
    34  ment and/or repeal of any rule or regulation necessary for the implemen-
    35  tation  of  this act on its effective date are authorized to be made and
    36  completed on or before such effective date.