89R12948 BCH-D     By: Guerra H.B. No. 2861       A BILL TO BE ENTITLED   AN ACT   relating to the implementation of telehealth services programs at   certain public primary and secondary schools and the appointment of   a telehealth services program task force to conduct a study and   issue a report concerning the implementation of those programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Sections 38.0341 and 38.0342 to read as follows:          Sec. 38.0341.  TELEHEALTH SERVICES PROGRAM. (a)  In this   section, "telehealth service" means a health care service delivered   by a health professional licensed, certified, or otherwise entitled   to practice in this state and acting within the scope of the health   professional's license, certification, or entitlement to a patient   at a different physical location than the health professional using   telecommunications or information technology.          (b)  Beginning with the 2029-2030 school year, a school   district that does not employ a full-time school nurse shall   implement a telehealth services program under which district   students and employees receive access to telehealth services at   each campus of the district.           (c)  Telehealth services provided under a program   implemented under this section:                (1)  must be provided at no cost to students and   employees; and                 (2)  may be provided to a student only with the written   consent of the student's parent, guardian, or other person having   lawful control of the student.          Sec. 38.0342.  TELEHEALTH SERVICES PROGRAM TASK FORCE;   STUDY; REPORT.  (a)  The commissioner, in consultation with the   State Board of Education, shall appoint a task force composed of   agency employees and qualified stakeholders, including individuals   with experience as educators or parents of public school students.          (b)  The task force appointed under Subsection (a) shall   conduct a study on the implementation of telehealth services   programs under Section 38.0341 by school districts to which that   section applies. The study must:                 (1)  evaluate the availability of telehealth services   for each school district that does not employ a full-time school   nurse; and                (2)  identify changes to state law or policy necessary   to improve availability of telehealth services described by   Subdivision (1).          (c)  Not later than September 1, 2026, the agency shall   submit to the governor, the lieutenant governor, and the members of   the legislature a report containing the results of the study   conducted under Subsection (b). The report must include:                (1)  information from school districts regarding the   implementation of telehealth services programs under Section   38.0341; and                (2)  any recommended changes to state law or policy   identified by the task force under Subsection (b)(2).          (d)  This section expires September 1, 2029.          SECTION 2.  Not later than December 1, 2025, the   commissioner of education, in consultation with the State Board of   Education, shall appoint the task force required under Section   38.0342, Education Code, as added by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.