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HLS 26RS-3093 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 1249 (Substitute for House Bill No. 1022 by Representative
Jackson)
BY REPRESENTATIVE JACKSON
HEALTH/SCHOOL CLINICS: Provides relative to school-based health center services
provided to students
1 AN ACT
2 To enact R.S. 17:171.1 and 3996(B)(24), relative to school-based health center services; to
3 require public school governing authorities to adopt policies providing for the
4 provision of school-based health center services to students; to provide for
5 definitions; to provide for applicability; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:171.1 and 3996(B)(24) are hereby enacted to read as follows:
8 §171.1. School-based health center services for students
9 A.(1)(a) If a student's parent or legal guardian or a student who has reached
10 the age of majority consents to medically necessary school-based health center
11 services, no school administrator or other school employee shall prohibit the student
12 from accessing the services.
13 (b) The provisions of this Section shall apply to school-based health center
14 services provided on a school campus through a school-based health center or other
15 provider arrangement; however, nothing in this Section shall be construed to require
16 any public school governing authority or school to establish or provide such services.
17 (2) The governing authority of any public school where school-based health
18 center services are available to students shall adopt and make available to the public
19 a policy to implement the provisions of this Section. The policy shall not create
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1 onerous requirements for healthcare providers resulting in a delay or barrier to the
2 provision of medically necessary school-based health center services. The policy,
3 at a minimum, shall provide that:
4 (a) Healthcare providers who are licensed, certified, or registered by their
5 applicable licensing, certification, or registration board, who provide documentation
6 of having passed a criminal background check conducted by the Louisiana State
7 Police, and who are in good standing with the applicable board shall not be required
8 by a public school governing authority to complete an additional criminal
9 background check in order to begin providing school-based health center services.
10 (b) School-based health center services shall be permitted during school
11 hours if the student's parent or legal guardian has requested such services and a
12 healthcare provider determines that evaluation or treatment is necessary during
13 school hours to assist the student with a health condition, illness, or injury requiring
14 evaluation or treatment.
15 (c) A public school governing authority shall not prohibit a health
16 evaluation, assessment, or authorized treatment plan from being performed on school
17 property in order to establish medical necessity or deliver medically necessary
18 services. The school and the school-based health center shall work collaboratively,
19 in accordance with the school's policy, to create a student visitation and treatment
20 schedule that meets the medical needs of the student, complies with the healthcare
21 provider's ethical code of conduct, and considers the impact on the school's
22 operations and the student's instructional time and testing schedules.
23 (d) Notwithstanding any provision of this Section to the contrary, a school-
24 based health center shall not be required to enter into a consent to release
25 information agreement with a public school governing authority that requires the
26 disclosure of protected health information. Any information shared by a school-
27 based health center with a public school governing authority shall be limited to
28 nonclinical information necessary for care coordination, student safety, or
29 compliance with applicable law and shall be subject to all applicable state and
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1 federal confidentiality requirements, including but not limited to the Health
2 Insurance Portability and Accountability Act and the Family Educational Rights and
3 Privacy Act.
4 (e) The determination of the need for health evaluation and school-based
5 health center services shall be made by a healthcare provider acting within the scope
6 of his professional license. No school employee who is not licensed to provide
7 healthcare services shall determine whether a student may receive an evaluation or
8 treatment by a healthcare provider.
9 (f) The school-based health center shall notify a student's parent or legal
10 guardian prior to providing healthcare services unless the services are routine in
11 nature, including but not limited to regularly scheduled medication administration
12 or other regularly scheduled treatment or services.
13 (g) A parent or legal guardian may, at any time, revoke consent granted for
14 a student to receive school-based health center services.
15 (3) The failure of a public school governing authority to adopt a policy shall
16 not be cause to prohibit the provision of school-based health center services to a
17 student as provided in this Section.
18 (4) School-based health center services shall be delivered by healthcare
19 providers licensed, certified, or registered by their applicable health profession
20 licensing board.
21 B. For purposes of this Section, the following terms have the following
22 meanings:
23 (1) "Healthcare provider" means a physician or other healthcare practitioner
24 who is licensed, certified, registered, or otherwise authorized by law to provide
25 health care services consistent with state law.
26 (2) "Medically necessary" means that services meet the following
27 requirements as determined by the healthcare provider, as applicable, or the
28 applicable independent third-party payor:
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1 (a) The services are for the diagnosis, treatment, cure, or relief of a health
2 condition, illness, injury, or disease.
3 (b) The services are within the generally accepted standards of medical care
4 in the community.
5 (c) The services are not solely for the convenience of the insured, the
6 insured's family, or the provider.
7 (3) "School-based health center services" means primary health or behavioral
8 health services delivered to students through a school-based health center or other
9 provider arrangement, including but not limited to fixed-site clinics, mobile units,
10 and other models operated by healthcare providers.
11 C. Nothing in this Section shall be construed to conflict with or interfere
12 with a student's access to behavioral health services provided pursuant to R.S.
13 17:173.
14 * * *
15 §3996. Charter schools; exemptions; requirements
16 * * *
17 B. Notwithstanding any state law, rule, or regulation to the contrary and
18 except as may be otherwise specifically provided for in an approved charter, a
19 charter school established and operated in accordance with the provisions of this
20 Chapter and its approved charter and the school's officers and employees shall be
21 exempt from all statutory mandates or other statutory requirements that are
22 applicable to public schools and to public school officers and employees except for
23 the following laws otherwise applicable to public schools with the same grades:
24 * * *
25 (24) School-based health center services for students, R.S. 17:171.1.
26 * * *
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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 1249 Reengrossed 2026 Regular Session Jackson
Abstract: Provides relative to school-based health center services provided to students.
Proposed law provides that if a student's parent or legal guardian or a student who has
reached the age of majority consents to medically necessary school-based health center
services, no school administrator or other school employee shall prohibit the student from
accessing the services.
Proposed law provides that proposed law applies to school-based health center services
provided on a school campus through a school-based health center or other provider
arrangement but that nothing in proposed law shall be construed to require any public school
governing authority or school to establish or provide such services.
Proposed law requires the governing authority of any public school where school-based
health center services are available to students to adopt and make available to the public a
policy that shall not create onerous requirements for healthcare providers resulting in a delay
or barrier to the provision of medically necessary school-based health center services and
that, at a minimum, shall provide the following:
(1) Healthcare providers who are licensed, certified, or registered by their applicable
licensing, certification, or registration board, who provide documentation of having
passed a criminal background check conducted by the La. State Police, and who are
in good standing with the applicable board shall not be required by a public school
governing authority to complete an additional criminal background check in order
to begin providing school-based health center services.
(2) School-based health center services shall be permitted during school hours if the
student's parent or legal guardian has requested such services and a healthcare
provider determines that evaluation or treatment is necessary during school hours to
assist the student with a health condition, illness, or injury requiring evaluation or
treatment.
(3) A public school governing authority shall not prohibit a health evaluation,
assessment, or authorized treatment plan from being performed on school property
in order to establish medical necessity or deliver medically necessary services. The
school and the school-based health center shall work collaboratively, in accordance
with the school's policy, to create a student visitation and treatment schedule that
meets the medical needs of the student, complies with the healthcare provider's
ethical code of conduct, and considers the impact on the school's operations and the
student's instructional time and testing schedules.
(4) 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, and any information shared by a center
with a public school governing authority shall be limited to nonclinical information
necessary for care coordination, student safety, or compliance with applicable law
and shall be subject to all applicable state and federal confidentiality requirements.
(5) The determination of the need for health evaluation and school-based health center
services shall be made by a healthcare provider acting within the scope of his
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professional license, and no school employee who is not licensed to provide
healthcare services shall determine whether a student may receive an evaluation or
treatment by a healthcare provider.
(6) The school-based health center shall notify a student's parent or legal guardian prior
to providing healthcare services unless the services are routine in nature, including
but not limited to regularly scheduled medication administration or other regularly
scheduled treatment or services.
(7) A parent or legal guardian may, at any time, revoke consent granted for a student to
receive school-based health center services.
Proposed law further provides:
(1) The failure of a public school governing authority to adopt a policy shall not be
cause to prohibit the provision of school-based health center services to a student as
provided in proposed law.
(2) Any school-based health center services provided by a governing authority as
provided in proposed law shall be delivered by healthcare providers licensed,
certified, or registered by their applicable health profession licensing board.
Proposed law provides that nothing in proposed law shall be construed to conflict with or
interfere with a student's access to behavioral health services provided pursuant to present
law (R.S. 17:173).
(Adds R.S. 17:171.1 and 3996(B)(24))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove authorization for services to be provided during any part of the school
day, including instructional time.
2. Remove provisions relative to the cost of school-based health center services.
3. Add requirement that the school and the center work collaboratively to create a
student visitation and treatment schedule that meets certain criteria.
4. Add requirement that a center notify a student's parent or legal guardian prior to
providing healthcare services unless the services are routine in nature.
5. Add that a parent or legal guardian may, at any time, revoke consent granted for
a student to receive school-based health center services.
6. Remove rulemaking requirement.
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