S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7602
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Paragraph (j) of subdivision 1 of section 414 of the educa-
 tion  law, as added by chapter 513 of the laws of 2005, subparagraph (i)
 as amended by chapter 672 of the laws of 2019, is  amended  to  read  as
 follows:
   (j)  For licensed school-based health, dental or mental health clinics
 AND TELEHEALTH PROVIDERS.  (i) For the purposes of this subdivision, the
 term "licensed school-based health, dental or mental health  clinic  AND
 TELEHEALTH  PROVIDER"  means a clinic OR TELEHEALTH PROVIDER, AS DEFINED
 IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-CC OF  THE
 PUBLIC  HEALTH LAW, that is located in, OR PROVIDE SERVICES TO, a school
 facility of a school district [or],  board  of  cooperative  educational
 services,  OR  CHARTER  SCHOOL,  is operated by an entity other than the
 school district [or], board  of  cooperative  educational  services,  OR
 CHARTER SCHOOL and will provide health, dental or mental health services
 during  school hours and/or non-school hours to school-age and preschool
 children, and that is: (1) a health clinic approved under the provisions
 of chapter one hundred ninety-eight of  the  laws  of  nineteen  hundred
 seventy-eight;  or  (2)  another  school-based  health  or dental clinic
 licensed by the department of health pursuant to article twenty-eight of
 the public health law;  or  (3)  a  school-based  mental  health  clinic
 licensed  or approved by the office of mental health pursuant to article
 thirty-one of the mental hygiene  law;  or  (4)  a  school-based  mental
 health clinic licensed by the office for people with developmental disa-
 bilities pursuant to article sixteen of the mental hygiene law; OR (5) A
 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
 
 HEALTH IN ACCORDANCE WITH ARTICLE TWENTY-NINE-G  OF  THE  PUBLIC  HEALTH
 LAW.  THE    COMMISSIONER  SHALL  DEVELOP  REGULATIONS  TO IMPLEMENT THE
 PROVISIONS OF THIS PARAGRAPH, IN CONSULTATION WITH THE COMMISSIONERS  OF
 HEALTH,  MENTAL  HEALTH,  AND  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES.
   (ii) Health professionals who provide services  [in  licensed  school-
 based  health,  dental  or mental health clinics] PURSUANT TO THIS PARA-
 GRAPH shall be duly licensed pursuant to the provisions of  title  eight
 of this chapter unless otherwise exempted by law and shall be authorized
 to  provide  such  services  to the extent permitted by their respective
 practice acts.
   (iii) Except where otherwise authorized by law, the cost of  providing
 health, dental or mental health services, INCLUDING TELEHEALTH SERVICES,
 shall  not  be  a charge upon the school district [or], board of cooper-
 ative educational services, OR CHARTER SCHOOL, and shall  be  paid  from
 federal, state or other local funds available for such purpose. Building
 space used for [such a clinic] THE PROVISION OF HEALTH, DENTAL OR MENTAL
 HEALTH  SERVICES,  INCLUDING TELEHEALTH SERVICES, shall be excluded from
 the rated capacity of the school building for the purpose  of  computing
 building  aid  pursuant to subdivision six of section thirty-six hundred
 two of this chapter or aid pursuant to subdivision five of section nine-
 teen hundred fifty of this chapter.
   (iv) Nothing in this paragraph shall be construed to justify  a  cause
 of action for damages against a school district [or a], board of cooper-
 ative  educational  services,  OR  CHARTER  SCHOOL, by reason of acts of
 negligence or misconduct by a  school-based  health,  dental  or  mental
 health  clinic or such clinic's officers or employees OR BY A TELEHEALTH
 PROVIDER OR SUCH TELEHEALTH PROVIDER'S OFFICERS OR EMPLOYEES.
   (V) TELEHEALTH SERVICES MAY ONLY BE PROVIDED TO STUDENTS  PURSUANT  TO
 THIS  PARAGRAPH  IF  THE  STUDENT  HAS  WRITTEN CONSENT FROM A PARENT OR
 PERSON IN PARENTAL RELATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.