Bill Text: NY S08976 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-06 - referred to higher education [S08976 Detail]

Download: New_York-2023-S08976-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8976

                    IN SENATE

                                      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:

     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-
    26  health  in  accordance  with  article twenty-nine-G of the public health
    27  law. The   commissioner  shall  develop  regulations  to  implement  the
    28  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

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