NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7602
SPONSOR: Paulin TITLE OF BILL:
An act to amend the education law, in relation to allowing for the
delivery of telehealth services in schools by licensed providers
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that students have access to healthcare and telehealth
services in school buildings.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Paragraph (j) of subdivision 1 of section 414 of the
education law to add telehealth to the list of school-based health
services available to students and defines school-based tele-health
provider. This section also adds subparagraph (v) establishing that
written parental consent is required to provide students with telehealth
services.
Section 2 establishes the effective date.
JUSTIFICATION:
As students encounter more difficult societal issues and mental health
challenges continue to grow within the student population, students need
access to a variety of health care providers. Unfortunately, there is a
lack of accessible and affordable health and mental healthcare in many
parts of the state and even when care is available, the wait times for
appointments can be unmanageable. This legislation would provide that
school buildings can be used as a location for students to receive tele-
health services. Providing telehealth services in school buildings will
assist in closing the accessibility gap by enabling students to have
ready access to healthcare and mental health providers. This legislation
is intended to clarify that tele-medicine can be offered in school
buildings as was intended by Chapter 285 of the Laws of 2017.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
180 days after this act becomes law.
STATE OF NEW YORK
________________________________________________________________________
7602
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Higher 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11365-01-3
A. 7602 2
1 health in accordance with article twenty-nine-G of the public health
2 law. The commissioner shall develop regulations to implement the
3 provisions of this paragraph, in consultation with the commissioners of
4 health, mental health, and the office for people with developmental
5 disabilities.
6 (ii) Health professionals who provide services [in licensed school-
7 based health, dental or mental health clinics] pursuant to this para-
8 graph shall be duly licensed pursuant to the provisions of title eight
9 of this chapter unless otherwise exempted by law and shall be authorized
10 to provide such services to the extent permitted by their respective
11 practice acts.
12 (iii) Except where otherwise authorized by law, the cost of providing
13 health, dental or mental health services, including telehealth services,
14 shall not be a charge upon the school district [or], board of cooper-
15 ative educational services, or charter school, and shall be paid from
16 federal, state or other local funds available for such purpose. Building
17 space used for [such a clinic] the provision of health, dental or mental
18 health services, including telehealth services, shall be excluded from
19 the rated capacity of the school building for the purpose of computing
20 building aid pursuant to subdivision six of section thirty-six hundred
21 two of this chapter or aid pursuant to subdivision five of section nine-
22 teen hundred fifty of this chapter.
23 (iv) Nothing in this paragraph shall be construed to justify a cause
24 of action for damages against a school district [or a], board of cooper-
25 ative educational services, or charter school, by reason of acts of
26 negligence or misconduct by a school-based health, dental or mental
27 health clinic or such clinic's officers or employees or by a telehealth
28 provider or such telehealth provider's officers or employees.
29 (v) Telehealth services may only be provided to students pursuant to
30 this paragraph if the student has written consent from a parent or
31 person in parental relation.
32 § 2. This act shall take effect on the one hundred eightieth day after
33 it shall have become a law. Effective immediately, the addition, amend-
34 ment and/or repeal of any rule or regulation necessary for the implemen-
35 tation of this act on its effective date are authorized to be made and
36 completed on or before such effective date.
