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ACT No. 9622026 Regular Session
HOUSE BILL NO. 1249 (Substitute for House Bill No. 1022 by Representative Jackson)
BY REPRESENTATIVE JACKSON
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
20 onerous requirements for healthcare providers resulting in a delay or barrier to the
21 provision of medically necessary school-based health center services. The policy,
22 at a minimum, shall provide that:
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1 (a) Healthcare providers who are licensed, certified, or registered by their
2 applicable licensing, certification, or registration board, who provide documentation
3 of having passed a criminal background check conducted by the Louisiana State
4 Police, and who are in good standing with the applicable board shall not be required
5 by a public school governing authority to complete an additional criminal
6 background check in order to begin providing school-based health center services.
7 (b) A public school governing authority may not prohibit a health evaluation,
8 assessment, or authorized treatment plan from being performed on school property
9 in order to establish medical necessity or deliver medically necessary services. The
10 school and the school-based health center shall work collaboratively, in accordance
11 with the school's policy, to create a student visitation and treatment schedule that
12 meets the medical needs of the student, complies with the healthcare provider's
13 ethical code of conduct, and considers the impact on the school's operations and the
14 student's instructional time and testing schedules. The provisions of this
15 Subparagraph shall be consistent with Subparagraph (d) of this Paragraph.
16 (c) Notwithstanding any provision of this Section to the contrary, a school-
17 based health center shall not be required to enter into a consent to release
18 information agreement with a public school governing authority that requires the
19 disclosure of protected health information. Any information shared by a school-
20 based health center with a public school governing authority shall be limited to
21 nonclinical information necessary for care coordination, student safety, or
22 compliance with applicable law and shall be subject to all applicable state and
23 federal confidentiality requirements, including but not limited to the Health
24 Insurance Portability and Accountability Act and the Family Educational Rights and
25 Privacy Act.
26 (d) The determination of the need for health evaluation and school-based
27 health center services shall be made by a healthcare provider acting within the scope
28 of his professional license. No school employee who is not licensed to provide
29 healthcare services shall determine whether a student may receive an evaluation or
30 treatment by a healthcare provider.
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1 (e) A parent or legal guardian may, at any time, revoke consent granted for
2 a student to receive school-based health center services.
3 (3) The failure of a public school governing authority to adopt a policy shall
4 not be cause to prohibit the provision of school-based health center services to a
5 student as provided in this Section.
6 (4) School-based health center services shall be delivered by healthcare
7 providers licensed, certified, or registered by their applicable health profession
8 licensing board.
9 B. For purposes of this Section, the following terms have the following
10 meanings:
11 (1) "Healthcare provider" means a physician or other healthcare practitioner
12 who is licensed, certified, registered, or otherwise authorized by law to provide
13 health care services consistent with state law.
14 (2) "Medically necessary" means that services meet the following
15 requirements as determined by the healthcare provider, as applicable, or the
16 applicable independent third-party payor:
17 (a) The services are for the diagnosis, treatment, cure, or relief of a health
18 condition, illness, injury, or disease.
19 (b) The services are within the generally accepted standards of medical care
20 in the community.
21 (c) The services are not solely for the convenience of the insured, the
22 insured's family, or the provider.
23 (3) "School-based health center services" means primary health or behavioral
24 health services delivered to students through a school-based health center or other
25 provider arrangement, including but not limited to fixed-site clinics, mobile units,
26 and other models operated by healthcare providers.
27 C. Nothing in this Section shall be construed to conflict with or interfere
28 with a student's access to behavioral health services provided pursuant to R.S.
29 17:173.
30 * * *
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1 §3996. Charter schools; exemptions; requirements
2 * * *
3 B. Notwithstanding any state law, rule, or regulation to the contrary and
4 except as may be otherwise specifically provided for in an approved charter, a
5 charter school established and operated in accordance with the provisions of this
6 Chapter and its approved charter and the school's officers and employees shall be
7 exempt from all statutory mandates or other statutory requirements that are
8 applicable to public schools and to public school officers and employees except for
9 the following laws otherwise applicable to public schools with the same grades:
10 * * *
11 (24) School-based health center services for students, R.S. 17:171.1.
12 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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