Read the full stored bill text
HLS 26RS-1450 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 1022
BY REPRESENTATIVE JACKSON
HEALTH/SCHOOL CLINICS: Provides relative to health services provided to students
1 AN ACT
2 To amend and reenact R.S. 17:173(A)(1) through (5) and (B) and 3996(B)(48) and to enact
3 R.S. 17:173(C)(4), relative to health services provided to students; to require public
4 school governing authorities to adopt policies providing for the provision of primary
5 health services to students by primary care providers; to provide for definitions; to
6 provide relative to certain contracts; to require the State Board of Elementary and
7 Secondary Education to adopt rules; to provide for applicability; and to provide for
8 related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 17:173(A)(1) through (5) and (B) and 3996(B)(48) are hereby
11 amended and reenacted and R.S. 17:173(C)(4) is hereby enacted to read as follows:
12 §173. Behavioral health and primary health services for students
13 A.(1)(a) A public school governing authority shall not prohibit a behavioral
14 health provider or primary care provider from providing medically necessary
15 behavioral health or primary health services authorized by an independent third-party
16 payor, including but not limited to Medicaid and commercial insurance, to a student
17 at school during school hours if the student's parent or legal guardian requests such
18 services from the provider.
19 (b) The provisions of this Section shall apply to behavioral health services
20 and primary health services provided on a school campus through a school-based
Page 1 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 health clinic or other provider arrangement; however, nothing in this Section shall
2 be construed to require any public school governing authority or school to establish
3 or provide such services.
4 (2) Each public school governing authority shall adopt and make available
5 to the public a policy to implement the provisions of this Section. The policy shall
6 not create onerous requirements for behavioral health providers or primary care
7 providers resulting in a delay or barrier to the provision of medically necessary
8 services. The policy, at a minimum, shall provide that:
9 (a) A Each behavioral health provider who provides behavioral health
10 services and primary care provider who provides primary health services pursuant
11 to this Section shall maintain general liability insurance coverage in an amount not
12 less than one million dollars per occurrence and one million dollars per aggregate
13 and provide a certificate of insurance naming the public school as the certificate
14 holder.
15 (b) No person who has been convicted of or pled nolo contendere to a crime
16 listed in R.S. 15:587.1(C) shall be permitted to provide behavioral health services or
17 primary health services to a student at school during school hours. Prior to providing
18 services as provided in this Section, a each behavioral health provider and primary
19 care provider shall complete a criminal background check conducted by the
20 Louisiana State Police and shall pay all related costs. However, applied behavior
21 analysis providers who are licensed, certified, or registered by the Louisiana
22 Behavior Analyst Board and primary care providers who are licensed, certified, or
23 registered by their applicable licensing, certification, or registration board, who
24 provide documentation of having passed a criminal background check conducted by
25 the Louisiana State Police, and who are in good standing with the applicable board
26 shall not be required by a public school governing authority to complete an
27 additional criminal background check in order to begin providing behavioral health
28 services or primary health services, as applicable, at a school.
Page 2 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 (c) Behavioral health services and primary health services shall be permitted
2 during school hours if the student's parent or legal guardian presents a behavioral
3 health evaluation performed by an evaluator as well as an assessment and authorized
4 treatment plan performed by a behavioral health provider chosen by the parent or
5 legal guardian and the evaluation indicates that the services are has requested such
6 services and a behavioral health provider or primary care provider determines that
7 evaluation or treatment is necessary during school hours to assist the student with
8 behavioral health impairments associated with a medical diagnosis that the evaluator
9 determines are interfering with the student's ability to thrive in the educational
10 setting or to assist the student with a health condition, illness, or injury requiring
11 evaluation or treatment.
12 (d) A behavioral health or primary health evaluation or assessment presented
13 by the parent or legal guardian of a student shall not be construed as an independent
14 educational evaluation for purposes of determining if a student meets the criteria
15 established for eligibility for special education and related services.
16 (e) A public school governing authority shall not prohibit a behavioral health
17 or primary health evaluation, assessment, or authorized treatment plan from being
18 performed on school property in order to establish medical necessity or deliver
19 medically necessary services. Behavioral health services and primary health services
20 may be provided during any part of the school day, including any and all
21 instructional time in English, reading, mathematics, and science. The school
22 administrator and service provider shall work collaboratively to create a consistent
23 schedule that meets the medical needs of the student and complies with the provider's
24 ethical code of conduct. In developing the student's plan, consideration shall include
25 impacts on a school's operations and a student's testing schedule. If the parties
26 cannot agree, then the parties shall engage in a dispute resolution process set forth
27 by the state Department of Education in accordance with Subsection D of this
28 Section.
Page 3 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 (f)(i) A public school governing authority shall not enter into a contract or
2 an exclusive agreement with a behavioral health provider that prohibits the parent
3 or legal guardian from choosing the behavioral health provider for the student.
4 However the provisions of this Subparagraph Item shall not impair any extant
5 contract on the effective date of this Section, August 1, 2018, or the renewal thereof.
6 (ii) A public school governing authority shall not enter into a contract or an
7 exclusive agreement with a primary care provider that prohibits the parent or legal
8 guardian from choosing the primary care provider for the student. However the
9 provisions of this Item shall not impair any extant contract on August 1, 2026, or the
10 renewal thereof.
11 (g) The cost of all behavioral health services and primary health services
12 provided to a student shall be the sole responsibility of the parent or legal guardian,
13 individually or through an applicable health insurance policy, Medicaid, or other
14 third-party payor, other than the public school governing authority, that has made
15 funds available for the payment for the services provided.
16 (h) While on a school campus, a each behavioral service health provider and
17 primary care provider shall comply with, and abide by, the terms of any
18 Individualized Education Plan, Individualized Accommodation Plan, Section 504
19 Plan, Behavior Management Plan, or Individualized Health Plan applicable to a
20 student who is a patient of the provider. The services furnished by a provider shall
21 be incorporated into a written treatment plan applicable to a student.
22 (i) The parent or legal guardian of a student receiving services from a
23 behavioral service provider shall be required to execute a "consent to release
24 information form" between the provider and the public school governing authority.
25 Notwithstanding any provision of this Section to the contrary, a school-based health
26 center shall not be required to enter into a consent to release information agreement
27 with a public school governing authority that requires the disclosure of protected
28 health information. Any information shared by a school-based health center with a
29 public school governing authority shall be limited to nonclinical information
Page 4 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 necessary for care coordination, student safety, or compliance with applicable law
2 and shall be subject to all applicable state and federal confidentiality requirements,
3 including but not limited to the Health Insurance Portability and Accountability Act
4 and the Family Educational Rights and Privacy Act.
5 (j) A public school governing authority shall establish reporting requirements
6 for a behavioral health provider and primary care provider related to the student's
7 progress and student and school safety concerns as related to the student's
8 educational program.
9 (k) A public school governing authority may establish sanctions, including
10 termination of a provider's authorization to provide services on any school campus,
11 against a behavioral health provider or primary care provider for failure to comply
12 with the governing authority's policy.
13 (l) The determination of the need for a behavioral health or primary health
14 evaluation and behavioral health or primary health services shall be made by a
15 behavioral health provider or primary care provider acting within the scope of his
16 professional license. No school employee who is not licensed to provide healthcare
17 services shall determine whether a student may receive an evaluation or treatment
18 by a behavioral health provider or primary care provider.
19 (3) The failure of a public school governing authority to adopt a policy shall
20 not be cause to prohibit the provision of behavioral health services or primary health
21 services to a student as provided in this Section.
22 (4) Any behavioral health or primary health evaluation, assessment, or
23 treatment plan administered by a public school governing authority shall not
24 supercede supersede the behavioral health evaluation, assessment, or treatment plan
25 provided by an independent behavioral health provider or primary care provider of
26 a student's parent's choosing.
27 (5)(a) Any applied behavior analysis services provided by a governing
28 authority as provided in this Section shall be delivered either by behavioral health
29 providers licensed, certified, or registered by the Louisiana Behavior Analyst Board
Page 5 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 in accordance with R.S. 37:3701 et seq. or behavioral health providers providing
2 services in accordance with R.S. 37:3715.
3 (b) Any primary health services provided by a governing authority as
4 provided in this Section shall be delivered by primary care providers licensed,
5 certified, or registered by their applicable health profession licensing board.
6 * * *
7 B. For purposes of this Section, the following terms shall have the following
8 meanings:
9 (1) "Applied behavior analysis provider" shall mean means a provider who
10 is licensed, certified, or registered by the Louisiana Behavior Analyst Board and is
11 in good standing to provide applied behavior analysis services.
12 (2) "Applied behavior analysis services" shall include means the design,
13 implementation, and evaluation of systematic instructional and environmental
14 modifications by an applied behavior analysis provider to produce socially
15 significant improvements in behavior as described in the Behavior Analyst Practice
16 Act. provided in Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950.
17 (3) "Behavioral health or primary health evaluation" shall include but not be
18 limited to the following criteria:
19 (a) Diagnosis.
20 (b) Type of intervention.
21 (c) Length of intervention.
22 (d) Identification of a student's goals.
23 (e) Identification of impact of student behavior on a student's educational
24 program.
25 (f) Recommendations for behavioral health services, including but not
26 limited to applied behavior analysis services, or primary health services.
27 (4) "Behavioral health evaluator" means a licensed psychiatrist,
28 psychologist, medical psychologist, licensed specialist in school psychology,
29 professional counselor, marriage and family therapist, clinical social worker, or
Page 6 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 applied behavior analysis healthcare provider who is certified by the respective board
2 of examiners in Louisiana to provide necessary evaluations and who is not an
3 employee of the public school governing authority or the state Department of
4 Education.
5 (4) (5) "Behavioral health provider" shall mean means a provider who is
6 licensed by the Louisiana Department of Health or a health profession licensing
7 board and is in good standing to provide behavioral health services in Louisiana
8 including but not limited to a psychiatrist, psychologist, medical psychologist,
9 licensed specialist in school psychology, marriage and family therapist, professional
10 counselor, clinical social worker, applied behavior analysis provider, or a behavioral
11 health provider organization licensed to provide behavioral health services in
12 Louisiana.
13 (5) (6) "Behavioral health services" shall include includes but not be is not
14 limited to individual psychotherapy, family psychotherapy, psychotropic medication
15 management, community psychiatric support and treatment, crisis intervention, and
16 medically necessary applied behavior analysis services.
17 (6) "Evaluator" shall mean a licensed psychiatrist, psychologist, medical
18 psychologist, licensed specialist in school psychology, professional counselor,
19 marriage and family therapist, clinical social worker, or applied behavior analysis
20 provider who is certified by the respective board of examiners in Louisiana to
21 provide necessary evaluations and who is not an employee of the public school
22 governing authority or the state Department of Education.
23 (7) "Independent third-party payor" means an individual who serves as a
24 case reviewer for Medicaid or commercial insurers.
25 (8) "Medically necessary services" means services that meet the following
26 requirements as determined by the behavioral health provider or primary care
27 provider, as applicable, or the applicable independent third-party payor:
28 (a) Provided for the diagnosis, treatment, cure, or relief of a health condition,
29 illness, injury, or disease.
Page 7 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 (b) Except for clinical trials that are described within the policy, not for
2 experimental, investigational, or cosmetic purposes.
3 (c) Within the generally accepted standards of medical care in the
4 community.
5 (d) Not solely for the convenience of the insured, the insured's family, or the
6 provider.
7 (9) "Primary care provider" means a physician or other healthcare
8 practitioner who is licensed, certified, registered, or otherwise authorized by law to
9 perform primary health services consistent with state law.
10 (10) "Primary health evaluator" means a licensed primary care provider who
11 is certified by his applicable health profession licensing board to provide necessary
12 evaluations and who is not an employee of the public school governing authority or
13 the state Department of Education.
14 (11) "Primary health services" means routine healthcare services, including
15 screening, assessment, diagnosis, treatment for promotion of health, and detection
16 and management of disease or injury.
17 C. Nothing in this Section shall be construed to supersede any of the
18 following:
19 * * *
20 (4) Any law pertaining to the licensure, certification, or registration of a
21 primary care provider by the applicable health professional licensing board or the
22 practice of any primary care provider or any regulation promulgated by the Louisiana
23 Department of Health pursuant to any such law.
24 * * *
25 §3996. Charter schools; exemptions; requirements
26 * * *
27 B. Notwithstanding any state law, rule, or regulation to the contrary and
28 except as may be otherwise specifically provided for in an approved charter, a
29 charter school established and operated in accordance with the provisions of this
Page 8 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
1 Chapter and its approved charter and the school's officers and employees shall be
2 exempt from all statutory mandates or other statutory requirements that are
3 applicable to public schools and to public school officers and employees except for
4 the following laws otherwise applicable to public schools with the same grades:
5 * * *
6 (48) Behavioral health and primary health services for students, R.S. 17:173.
7 * * *
8 Section 2. The State Board of Elementary and Secondary Education, in consultation
9 with the Louisiana Department of Health, the Louisiana State Board of Medical Examiners,
10 and the Louisiana State Board of Nursing, shall promulgate rules in accordance with the
11 Administrative Procedure Act for the implementation of R.S. 17:173 as amended and
12 reenacted by Section 1 of this Act.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1022 Original 2026 Regular Session Jackson
Abstract: Provides relative to the provision of primary health services to students by
primary care providers.
Present law provides relative to behavioral health services for students. Proposed law
broadens the application of present law to also apply to primary health services for students
as follows:
(1) Present law prohibits public school governing authorities from prohibiting behavioral
health providers from providing medically necessary behavioral health services to
a student during school hours if the parent requests the services. Proposed law also
applies this to primary health services provided by primary care providers and
provides that what is "medically necessary" is determined by the provider or third-
party payor.
(2) Present law requires public school governing authorities to adopt policies for present
law implementation that shall not create onerous requirements for behavioral health
providers. Proposed law also applies this to primary care providers.
(3) Present law requires behavioral health providers who provide services pursuant to
present law to maintain a minimum amount of general liability insurance coverage.
Proposed law also applies this to primary care providers.
(4) Present law prohibits anyone who has been convicted of crime listed in present law
(R.S. 15:587.1(C)) from providing behavioral health services during school hours
and requires that he complete a criminal background check and pay all related costs;
Page 9 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
provides exceptions for those who are in good standing their licensing board and
submit documentation of having passed a criminal background check. Proposed law
also applies this to primary care providers.
(5) Present law provides that behavioral health services are permitted during school
hours if the student's parent or legal guardian presents an evaluation that indicates
that the services are necessary. Proposed law allows them if requested by the parent
instead of if an evaluation is presented and also applies this to primary health
services.
(6) Present law provides that a behavioral health evaluation presented by the parent shall
not be construed as an independent educational evaluation for purposes of
determining if a student is eligible for special education and related services.
Proposed law also applies this with respect to primary health evaluations.
(7) Present law provides that a public school governing authority shall not prohibit a
behavioral health evaluation, assessment, or treatment plan from being performed
on school property in order to establish medical necessity or deliver medically
necessary services, allows behavioral health services to be provided during any part
of the school day, and provides for a dispute resolution process if parties cannot
agree on a service delivery plan. Proposed law also applies this with respect to
primary health services.
(8) Present law prohibits a public school governing authority from entering into a
contract with a behavioral health provider that prohibits the parent from choosing the
provider. Proposed law also applies this with respect to primary care providers.
Present law provides that present law shall not impair any extant contract with a
behavioral health provider on the effective date of present law (no specific date
provided). Proposed law adds that proposed law shall not impair any extant contract
relative to behavioral health providers in effect on the effective date of present law
(specifying such date as August 1, 2018) or any extant contract relative to primary
care providers on the effective date of proposed law (August 1, 2026).
(9) Present law provides that the cost of all behavioral health services provided to a
student shall be the sole responsibility of the parent or legal guardian, individually
or through an applicable health insurance policy, Medicaid, or other third-party
payor that has made funds available for payment of services. Proposed law also
applies this with respect to primary health services.
(10) Present law provides that while on a school campus, a behavioral health provider
shall comply with, and abide by, the terms of a student's Individualized Education
Plan, Individualized Accommodation Plan, Section 504 Plan, Behavior Management
Plan, or Individualized Health Plan. Proposed law also applies this with respect to
primary care providers.
(11) Present law requires the parent of a student receiving services from a behavioral
service provider to execute a "consent to release information form" between the
provider and the public school governing authority. Proposed law provides instead
that a school-based health center shall not be required to enter into a consent to
release information agreement with a public school governing authority that requires
the disclosure of protected health information. Further provides that any information
shared by a school-based health center with a public school governing authority shall
be limited to nonclinical information and shall be subject to all applicable state and
federal confidentiality requirements.
(12) Present law requires a public school governing authority to establish reporting
requirements for behavioral health providers. Proposed law additionally applies this
to primary care providers.
Page 10 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450 ORIGINAL
HB NO. 1022
(13) Present law authorizes public school governing authorities to establish sanctions,
including termination of a provider's authorization to provide services on any school
campus, against a behavioral health provider for failure to comply with the
governing authority's policy. Proposed law additionally applies this with respect to
primary care providers.
(14) Present law provides that the failure of a public school governing authority to adopt
a policy shall not be cause to prohibit the provision of behavioral health services.
Proposed law additionally applies this with respect to primary care providers.
(15) Present law provides that any behavioral health evaluation, assessment, or treatment
plan administered by a public school governing authority shall not supersede the
evaluation, assessment, or treatment plan provided by an independent behavioral
health provider chosen by the parent. Proposed law additionally applies this with
respect to primary health evaluations and primary care providers.
(16) Present law provides that any applied behavior analysis services provided by a
governing authority as provided in present law shall be delivered either by behavioral
health providers licensed, certified, or registered by the La. Behavior Analyst Board
or behavioral health providers providing services in accordance with present law
(R.S. 37:3715). Proposed law adds that any primary health services provided by a
governing authority as provided in proposed law shall be delivered by primary care
providers licensed, certified, or registered by their applicable health profession
licensing board.
(17) Present law provides that nothing in present law supersedes present law relative to
the licensing and practice of behavior health providers. Proposed law provides that
nothing in proposed law supersedes present law relative to the licensing and practice
of primary care providers.
Proposed law provides that the determination of the need for medical evaluation or
healthcare services shall be made by a behavioral health or primary care provider acting
within the scope of his professional license and that no school employee who is not licensed
shall determine whether a student may receive evaluation or treatment by such a provider.
Proposed law provides that present law and proposed law apply to behavioral health services
and primary health services provided on a school campus through a school-based health
clinic or other provider arrangement but that nothing in present law or proposed law shall
be construed to require any public school governing authority or school to establish or
provide such services.
Proposed law provides for the following definitions for these terms as used in proposed law:
(1) "Primary care provider" means a physician or other healthcare practitioner who is
licensed, certified, registered, or otherwise authorized by law to perform primary
health services consistent with state law.
(2) "Primary health services" means routine healthcare services, including screening,
assessment, diagnosis, treatment for promotion of health, and detection and
management of disease or injury.
Proposed law requires the State Bd. of Elementary and Secondary Education, in consultation
with the La. Dept. of Health, La. State Bd. of Medical Examiners, and La. State Bd. of
Nursing, to promulgate rules for proposed law implementation.
Present law and proposed law are applicable to all public schools, including charter schools.
(Amends R.S. 17:173(A)(1)-(5) and (B) and 3996(B)(48); Adds R.S. 17:173(C)(4))
Page 11 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.