An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for school-based health centers.

PRINTER'S NO. 1573
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1376
Session of
2025
INTRODUCED BY KHAN, ISAACSON, SCHLOSSBERG, KOSIEROWSKI, CEPEDA-
FREYTIZ, WAXMAN, RABB, NEILSON, SANCHEZ, PIELLI, HILL-EVANS,
GIRAL, DONAHUE, HOHENSTEIN, FREEMAN, GREEN, KENYATTA, DALEY,
YOUNG, WEBSTER, MAYES AND PARKER, MAY 2, 2025
REFERRED TO COMMITTEE ON HEALTH, MAY 2, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for school-based health centers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1402.1. School-Based Health Centers.--(a) A school-
based health center shall comply with the following standards:
(1) Upon availability of funding by the General Assembly, a
school-based health center:
(i) Shall be open and staffed during the regular hours of
the school district facility in which the school-based health
center is located or which is near the school-based health
center.
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(ii) May not turn away a student due to an inability to pay.
(iii) May not decline care to a student due to insurance
status, health status or existence of a current primary health
care provider of a student. If the student:
(A) Has a primary health care provider, the school-based
health center shall make every effort to coordinate services
with the student's primary health care provider to avoid any
duplication of services.
(B) Is covered under an insurance policy, the school-based
health center may seek reimbursement under the student's
insurance.
(2) A school-based health center shall make a complete range
of services available to any student who enrolls if the student
obtained parental consent, is eighteen (18) years of age or is
otherwise able to provide consent based on existing State law.
(3) When providing services by referral, health care
providers shall minimize financial, geographical and other
barriers to the greatest extent possible.
(4) A school-based health center shall make consent forms
available to each enrolling student to obtain informed written
consent of the parent or legal guardian of the student as
required under the laws of this Commonwealth. Consent forms
shall include a complete list of the specific services provided
at the school-based health center.
(b) A health care provider, through cooperation with a
participating school district, shall make written information
about school-based health center services available to parents
and legal guardians of students, including:
(1) The scope of services offered.
(2) Opt-in instructions.
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(3) The ability of the school-based health center to serve
as the designated primary health care provider or provide
services in collaboration with the student's primary health care
provider.
(4) Staffing patterns.
(c) Services provided by a school-based health center shall
be determined by, in the case of public schools, the school
board of the district or, in the case of private schools or
parochial schools, the private governing body. The school board
of the school district or the private governing body shall
consider conducting an assessment of a participating school
district's, private school's or parochial school's student
population needs and shall be sensitive to:
(1) The age of students served.
(2) The racial demographics and ethnic backgrounds of
students.
(3) The availability, use and access to other school and
community resources.
(4) The size of the enrolled population of the school-based
health center.
(d) If a school district establishes a school-based health
center, the school-based health center shall be integrated into
the school district environment and plans and shall coordinate
health services with school district administration, teachers,
nurses, support or other school district personnel and other
community providers at the school district.
(e) A school-based health center, in partnership with a
participating school district and other service providers at the
school district, shall develop policies and systems to ensure
confidentiality in the sharing of medical information in
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accordance with the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936).
(f) Except as provided in paragraph (2), upon availability
of funding from the Commonwealth, the department may promulgate
regulations regarding school-based health centers to meet the
requirements of this section according to the following:
(1) The department shall solicit input from the advisory
council established under subsection (h) and stakeholders in
developing regulations under this section.
(2) The department may not require a school district,
private school or parochial school to offer services in a
school-based health center which the school district or
governing body of the private school or parochial school has not
itself approved.
(g) The department shall establish a school-based health
center liaison position within the department who shall
facilitate communication with school-based health centers. The
liaison shall serve on the advisory council established under
subsection (h).
(h) A Statewide school-based health advisory council is
established within the department and in accordance with the
following:
(1) The advisory council shall consist of the following
members, which shall be appointed by the Governor unless
otherwise stated:
(i) Two department representatives, as appointed by the
Secretary of Health.
(ii) The school-based health center liaison, as established
under subsection (g).
(iii) Three experts in the field of school-based health
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centers.
(iv) Two students who attend a school that established a
school-based health center.
(v) Two parents of a child of school age at a school that
established a school-based health center.
(vi) One member of the administration of a school district
that established a school-based health center.
(vii) One member of the administration of a private school
or parochial school that established a school-based health
center.
(viii) Two community members of communities where a school-
based health center was established.
(ix) Two health care providers who work in a school-based
health center.
(2) Members of the advisory council shall serve two-year
terms.
(3) The advisory council shall:
(i) Provide guidance on the operation and community
integration of school-based health centers.
(ii) Encourage school-based health centers to convene
advisory groups at the school district level to gain nuanced
insight on each school district.
(iii) Participate in the planning and development of school-
based health center policies.
(iv) Participate in the identification of emerging health
issues and appropriate interventions.
(v) Provide advocacy for the availability of school-based
health centers.
(i) Upon availability of funding by the General Assembly,
the department may collect demographic and utilization data on
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school-based health centers to share with the General Assembly,
which may include:
(1) The total number of school-based health centers.
(2) The total number of students accessing services
Statewide and school district totals.
(3) Racial and ethnic demographics of students accessing
services.
(4) The amount of funding available.
(5) Expansion of health insurance coverage.
(6) Efforts to raise public and health care provider
awareness of racial and ethnic disparities in health care.
(7) The capacity and number of health care providers in
school-based health centers.
(8) Causes and interventions to reduce health disparities.
(9) The number of visits where payments were made by
insurance, including whether the insurance was the Children's
Health Insurance Program, Medicaid or private payers.
(10) Health outcomes of students.
(j) Upon availability of funding by the General Assembly,
the department may research the appropriateness of developing a
certification for school-based health centers. If the department
develops a certification under this subsection and a school-
based health center receives a certification, the school-based
health center may not require cost-sharing of services from
students enrolled in the school.
(k) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Advisory council." The school-based health advisory council
established under subsection (h).
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"Complete range of services." Services permissible under law
and specifically approved by a school board of the district, in
the case of public schools, or a private governing body, in the
case of private schools and parochial schools.
"Department." The Department of Health of the Commonwealth.
"Health care provider." A person, corporation, facility,
institution or other entity licensed, certified or approved by
the Commonwealth to provide health care or professional medical
services. The term includes a physician, podiatrist,
optometrist, psychologist, psychiatrist, physical therapist,
certified nurse practitioner, nurse midwife, physicians
assistant, chiropractor, dentist, pharmacist or an individual
accredited or certified to provide behavioral health services.
"School-based health center." A health clinic that:
(1) Is located in or near a school district facility.
(2) Is organized through school district and health care
provider relationships.
(3) Provides, through licensed professionals, primary health
services to students, which may include:
(i) Social services.
(ii) Health education.
(iii) Comprehensive health assessments, including diagnosis
and treatment of minor, acute and chronic medical conditions,
immunizations and physical exams.
(iv) Referrals to and follow-up for specialty care and oral
and vision health services, mental health and substance use
disorder assessments.
(v) Crisis intervention, counseling, treatment and referral
to a continuum of mental health and substance use disorder
services, including emergency psychiatric care, risk behavior
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services, community support programs, inpatient care and
outpatient programs.
Section 2. This act shall take effect in 60 days.
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