EDUCATION CODE
CHAPTER 38. HEALTH AND SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
§ 38.001. IMMUNIZATION; REQUIREMENTS;
EXCEPTIONS. (a) Each student shall be fully immunized against
diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis,
except as provided by Subsection (c).
(b) Subject to Subsection (c), the Texas Board of Health may
modify or delete any of the immunizations in Subsection (a) or may
require immunizations against additional diseases as a requirement
for admission to any elementary or secondary school.
(c) Immunization is not required for a person's admission to
any elementary or secondary school if the person applying for
admission:
(1) submits to the admitting official:
(A) an affidavit or a certificate signed by a
physician who is duly registered and licensed to practice medicine
in the United States, in which it is stated that, in the physician's
opinion, the immunization required poses a significant risk to the
health and well-being of the applicant or any member of the
applicant's family or household; or
(B) an affidavit signed by the applicant or, if a
minor, by the applicant's parent or guardian stating that the
applicant declines immunization for reasons of conscience,
including a religious belief; or
(2) is a member of the armed forces of the United
States and is on active duty.
(c-1) An affidavit submitted under Section (c)(1)(B) must
be on a form described by Section 161.0041, Health and Safety Code,
and must be submitted to the admitting official not later than the
90th day after the date the affidavit is notarized.
(d) The Texas Department of Health shall provide the
required immunization to children in areas where no local provision
exists to provide those services.
(e) A person may be provisionally admitted to an elementary
or secondary school if the person has begun the required
immunizations and if the person continues to receive the necessary
immunizations as rapidly as is medically feasible. The Texas
Department of Health shall adopt rules relating to the provisional
admission of persons to an elementary or secondary school.
(f) A person who has not received the immunizations required
by this section for reasons of conscience, including because of the
person's religious beliefs, may be excluded from school in times of
emergency or epidemic declared by the commissioner of public
health.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 198, § 2.160, eff. Sept. 1,
2003.
§ 38.002. IMMUNIZATION RECORDS; REPORTING. (a) Each
public school shall keep an individual immunization record during
the period of attendance for each student admitted. The records
shall be open for inspection at all reasonable times by the Texas
Education Agency or by representatives of local health departments
or the Texas Department of Health.
(b) Each public school shall cooperate in transferring
students' immunization records to other schools. Specific approval
from students, parents, or guardians is not required before
transferring those records.
(c) The Texas Education Agency and the Texas Department of
Health shall develop the form for a required annual report of the
immunization status of students. The report shall be submitted by
all schools at the time and in the manner indicated in the
instructions printed on the form.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.0025. DISSEMINATION OF BACTERIAL MENINGITIS
INFORMATION. (a) The agency shall prescribe procedures by which
each school district shall provide information relating to
bacterial meningitis to its students and their parents each school
year. The procedures must ensure that the information is
reasonably likely to come to the attention of the parents of each
student. The agency shall prescribe the form and content of the
information. The information must cover:
(1) the symptoms of the disease, how it may be
diagnosed, and its possible consequences if untreated;
(2) how the disease is transmitted, how it may be
prevented, and the relative risk of contracting the disease for
primary and secondary school students;
(3) the availability and effectiveness of vaccination
against and treatment for the disease, and a brief description of
the risks and possible side effects of vaccination; and
(4) sources of additional information regarding the
disease, including any appropriate office of the school district
and the appropriate office of the Texas Department of Health.
(b) The agency shall consult with the Texas Department of
Health in prescribing the content of the information to be provided
to students under this section. The agency shall establish an
advisory committee to assist the agency in the initial
implementation of this section. The advisory committee must
include at least two members who are parents of students at public
schools in this state.
(c) A school district, with the written consent of the
agency, may provide the information required by this section to its
students and their parents by a method different from the method
prescribed by the agency under Subsection (a) if the agency
determines that method would be effective in bringing the
information to the attention of the parents of each student.
Added by Acts 2001, 77th Leg., ch. 219, § 2, eff. May 22, 2001.
§ 38.003. SCREENING AND TREATMENT FOR DYSLEXIA AND
RELATED DISORDERS. (a) Students enrolling in public schools in
this state shall be tested for dyslexia and related disorders at
appropriate times in accordance with a program approved by the
State Board of Education.
(b) In accordance with the program approved by the State
Board of Education, the board of trustees of each school district
shall provide for the treatment of any student determined to have
dyslexia or a related disorder.
(c) The State Board of Education shall adopt any rules and
standards necessary to administer this section.
(d) In this section:
(1) "Dyslexia" means a disorder of constitutional
origin manifested by a difficulty in learning to read, write, or
spell, despite conventional instruction, adequate intelligence,
and sociocultural opportunity.
(2) "Related disorders" includes disorders similar to
or related to dyslexia, such as developmental auditory
imperception, dysphasia, specific developmental dyslexia,
developmental dysgraphia, and developmental spelling disability.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.004. CHILD ABUSE REPORTING AND PROGRAMS. (a) The
agency shall develop a policy governing the child abuse reports
required by Chapter 261, Family Code, of school districts and their
employees. The policy must provide for cooperation with law
enforcement child abuse investigations without the consent of the
child's parents if necessary, including investigations by the
Department of Protective and Regulatory Services. Each school
district shall adopt the policy.
(b) Each school district shall provide child abuse
antivictimization programs in elementary and secondary schools.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.005. PROTECTIVE EYE DEVICES IN PUBLIC
SCHOOLS. Each teacher and student must wear industrial-quality
eye-protective devices in appropriate situations as determined by
school district policy.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.006. TOBACCO ON SCHOOL PROPERTY. The board of
trustees of a school district shall:
(1) prohibit smoking or using tobacco products at a
school-related or school-sanctioned activity on or off school
property;
(2) prohibit students from possessing tobacco
products at a school-related or school-sanctioned activity on or
off school property; and
(3) ensure that school personnel enforce the policies
on school property.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.007. ALCOHOL-FREE SCHOOL ZONES. (a) The board of
trustees of a school district shall prohibit the use of alcoholic
beverages at a school-related or school-sanctioned activity on or
off school property.
(b) The board of trustees of a school district shall attempt
to provide a safe alcohol-free environment to students coming to or
going from school. The board of trustees may cooperate with local
law enforcement officials and the Texas Alcoholic Beverage
Commission in attempting to provide this environment and in
enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage
Code. Additionally, the board, if a majority of the area of a
district is located in a municipality with a population of 900,000
or more, may petition the commissioners court of the county in which
the district is located or the governing board of an incorporated
city or town in which the district is located to adopt a 1,000-foot
zone under Section 109.33, Alcoholic Beverage Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.008. POSTING OF STEROID LAW NOTICE. Each school in
a school district in which there is a grade level of seven or higher
shall post in a conspicuous location in the school gymnasium and
each other place in a building where physical education classes are
conducted the following notice:
Anabolic steroids are for medical use only. State law
prohibits possessing, dispensing, delivering, or
administering an anabolic steroid in any manner not
allowed by state law. State law provides that body
building, muscle enhancement, or the increase of
muscle bulk or strength through the use of an anabolic
steroid or human growth hormone by a person who is in
good health is not a valid medical purpose. Only a
medical doctor may prescribe an anabolic steroid or
human growth hormone for a person. A violation of
state law concerning anabolic steroids or human growth
hormones is a criminal offense punishable by
confinement in jail or imprisonment in the
institutional division of the Texas Department of
Criminal Justice.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.009. ACCESS TO MEDICAL RECORDS. (a) A school
administrator, nurse, or teacher is entitled to access to a
student's medical records maintained by the school district for
reasons determined by district policy.
(b) A school administrator, nurse, or teacher who views
medical records under this section shall maintain the
confidentiality of those medical records.
(c) This section does not authorize a school administrator,
nurse, or teacher to require a student to be tested to determine the
student's medical condition or status.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.0095. PARENTAL ACCESS TO MEDICAL RECORDS. (a) A
parent or guardian of a student is entitled to access to the
student's medical records maintained by a school district.
(b) On request of a student's parent or guardian, the school
district shall provide a copy of the student's medical records to
the parent or guardian. The district may not impose a charge for
providing the copy that exceeds the charge authorized by Section
552.261, Government Code, for providing a copy of public
information.
Added by Acts 1999, 76th Leg., ch. 1418, § 3, eff. June 19, 1999.
§ 38.010. OUTSIDE COUNSELORS. (a) A school district
or school district employee may not refer a student to an outside
counselor for care or treatment of a chemical dependency or an
emotional or psychological condition unless the district:
(1) obtains prior written consent for the referral
from the student's parent;
(2) discloses to the student's parent any relationship
between the district and the outside counselor;
(3) informs the student and the student's parent of any
alternative public or private source of care or treatment
reasonably available in the area;
(4) requires the approval of appropriate school
district personnel before a student may be referred for care or
treatment or before a referral is suggested as being warranted; and
(5) specifically prohibits any disclosure of a student
record that violates state or federal law.
(b) In this section, "parent" includes a managing
conservator or guardian.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 38.011. DIETARY SUPPLEMENTS. (a) A school district
employee may not:
(1) knowingly sell, market, or distribute a dietary
supplement that contains performance enhancing compounds to a
primary or secondary education student with whom the employee has
contact as part of the employee's school district duties; or
(2) knowingly endorse or suggest the ingestion,
intranasal application, or inhalation of a dietary supplement that
contains performance enhancing compounds by a primary or secondary
education student with whom the employee has contact as part of the
employee's school district duties.
(b) This section does not prohibit a school district
employee from:
(1) providing or endorsing a dietary supplement that
contains performance enhancing compounds to, or suggesting the
ingestion, intranasal application, or inhalation of a dietary
supplement that contains performance enhancing compounds by, the
employee's child; or
(2) selling, marketing, or distributing a dietary
supplement that contains performance enhancing compounds to, or
endorsing or suggesting the ingestion, intranasal application, or
inhalation of a dietary supplement that contains performance
enhancing compounds by, a primary or secondary education student as
part of activities that:
(A) do not occur on school property or at a
school-related function;
(B) are entirely separate from any aspect of the
employee's employment with the school district; and
(C) do not in any way involve information about
or contacts with students that the employee has had access to,
directly or indirectly, through any aspect of the employee's
employment with the school district.
(c) A person who violates this section commits an offense.
An offense under this section is a Class C misdemeanor.
(d) In this section:
(1) "Dietary supplement" has the meaning assigned by
21 U.S.C. Section 321 and its subsequent amendments.
(2) "Performance enhancing compound" means a
manufactured product for oral ingestion, intranasal application,
or inhalation that:
(A) contains a stimulant, amino acid, hormone
precursor, herb or other botanical, or any other substance other
than an essential vitamin or mineral; and
(B) is intended to increase athletic or
intellectual performance, promote muscle growth, or increase an
individual's endurance or capacity for exercise.
Added by Acts 1999, 76th Leg., ch. 1086, § 1, eff. Sept. 1, 1999.
§ 38.012. NOTICE CONCERNING HEALTH CARE
SERVICES. (a) Before a school district or school may expand or
change the health care services available at a school in the
district from those that were available on January 1, 1999, the
board of trustees must:
(1) hold a public hearing at which the board discloses
all information on the proposed health care services, including:
(A) all health care services to be provided;
(B) whether federal law permits or requires any
health care service provided to be kept confidential from parents;
(C) whether a child's medical records will be
accessible to the child's parent;
(D) information concerning grant funds to be
used;
(E) the titles of persons who will have access to
the medical records of a student; and
(F) the security measures that will be used to
protect the privacy of students' medical records; and
(2) approve the expansion or change by a record vote.
(b) A hearing under Subsection (a) must include an
opportunity for public comment on the proposal.
Added by Acts 1999, 76th Leg., ch. 1418, § 2, eff. June 19, 1999.
§ 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY
SCHOOL STUDENTS. (a) The agency shall make available to each
school district one or more coordinated health programs designed to
prevent obesity, cardiovascular disease, and Type 2 diabetes in
elementary school students. Each program must provide for
coordinating:
(1) health education;
(2) physical education and physical activity;
(3) nutrition services; and
(4) parental involvement.
(a-1) The commissioner by rule shall adopt criteria for
evaluating a coordinated health program before making the program
available under Subsection (a). Before adopting the criteria, the
commissioner shall request review and comment concerning the
criteria from the Texas Department of Health's School Health
Advisory Committee. The commissioner may make available under
Subsection (a) only those programs that meet criteria adopted under
this subsection.
(b) The agency shall notify each school district of the
availability of the programs.
Added by Acts 2001, 77th Leg., ch. 907, § 3, eff. June 14, 2001.
Amended by Acts 2003, 78th Leg., ch. 944, § 3, eff. Sept. 1,
2003.
§ 38.014. IMPLEMENTATION OF COORDINATED HEALTH PROGRAM
FOR ELEMENTARY SCHOOL STUDENTS. (a) Each school district shall:
(1) participate in appropriate training for the
implementation of the program approved by the agency under Section
38.013; and
(2) implement the program in each elementary school in
the district.
(b) The agency, in cooperation with the Texas Department of
Health, shall adopt a schedule for regional education service
centers to provide necessary training under this section.
Added by Acts 2001, 77th Leg., ch. 907, § 3, eff. June 14, 2001.
§ 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA
MEDICINE BY STUDENTS. (a) In this section:
(1) "Parent" includes a person standing in parental
relation.
(2) "Self-administration of prescription asthma
medicine" means a student's discretionary use of prescription
asthma medicine.
(b) A student with asthma is entitled to possess and
self-administer prescription asthma medicine while on school
property or at a school-related event or activity if:
(1) the prescription asthma medicine has been
prescribed for that student as indicated by the prescription label
on the medicine;
(2) the self-administration is done in compliance with
the prescription or written instructions from the student's
physician or other licensed health care provider; and
(3) a parent of the student provides to the school:
(A) a written authorization, signed by the
parent, for the student to self-administer prescription asthma
medicine while on school property or at a school-related event or
activity; and
(B) a written statement from the student's
physician or other licensed health care provider, signed by the
physician or provider, that states:
(i) that the student has asthma and is
capable of self-administering the prescription asthma medicine;
(ii) the name and purpose of the medicine;
(iii) the prescribed dosage for the
medicine;
(iv) the times at which or circumstances
under which the medicine may be administered; and
(v) the period for which the medicine is
prescribed.
(c) The physician's statement must be kept on file in the
office of the school nurse of the school the student attends or, if
there is not a school nurse, in the office of the principal of the
school the student attends.
(d) This section does not:
(1) waive any liability or immunity of a governmental
unit or its officers or employees; or
(2) create any liability for or a cause of action
against a governmental unit or its officers or employees.
(e) The commissioner may adopt rules and prescribe forms to
assist in the implementation of this section.
Added by Acts 2001, 77th Leg., ch. 511, § 1, eff. June 11, 2001.
Renumbered from V.T.C.A., Education Code § 38.013 by Acts 2003,
78th Leg., ch. 1275, § 2(19), eff. Sept. 1, 2003.
§ 38.016. PSYCHOTROPIC DRUGS AND PSYCHIATRIC
EVALUATIONS OR EXAMINATIONS. (a) In this section:
(1) "Parent" includes a guardian or other person
standing in parental relation.
(2) "Psychotropic drug" means a substance that is:
(A) used in the diagnosis, treatment, or
prevention of a disease or as a component of a medication; and
(B) intended to have an altering effect on
perception, emotion, or behavior.
(b) A school district employee may not:
(1) recommend that a student use a psychotropic drug;
or
(2) suggest any particular diagnosis; or
(3) use the refusal by a parent to consent to
administration of a psychotropic drug to a student or to a
psychiatric evaluation or examination of a student as grounds, by
itself, for prohibiting the child from attending a class or
participating in a school-related activity.
(c) Subsection (b) does not:
(1) prevent an appropriate referral under the child
find system required under 20 U.S.C. Section 1412, as amended; or
(2) prohibit a school district employee who is a
registered nurse, advanced nurse practitioner, physician, or
certified or appropriately credentialed mental health professional
from recommending that a child be evaluated by an appropriate
medical practitioner; or
(3) prohibit a school employee from discussing any
aspect of a child's behavior or academic progress with the child's
parent or another school district employee.
(d) The board of trustees of each school district shall
adopt a policy to ensure implementation and enforcement of this
section.
(e) An act in violation of Subsection (b) does not override
the immunity from personal liability granted in Section 22.051 or
other law or the district's sovereign and governmental immunity.
Added by Acts 2003, 78th Leg., ch. 1058, § 1, eff. June 20, 2003.
SUBCHAPTER B. SCHOOL-BASED HEALTH CENTERS
§ 38.051. ESTABLISHMENT OF SCHOOL-BASED HEALTH
CENTERS. (a) A school district in this state may, if the district
identifies the need, design a model in accordance with this
subchapter for the delivery of cooperative health care programs for
students and their families and may compete for grants awarded
under this subchapter. The model may provide for the delivery of
conventional health services and disease prevention of emerging
health threats that are specific to the district.
(b) On the recommendation of an advisory council
established under Section 38.058, a school district may establish a
school-based health center at one or more campuses in the district
to meet the health care needs of students and their families.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.052. CONTRACT FOR SERVICES. A district may
contract with a person to provide services at a school-based health
center.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.053. PARENTAL CONSENT REQUIRED. (a) A
school-based health center may provide services to a student only
if the district or the provider with whom the district contracts
obtains the written consent of the student's parent or guardian or
another person having legal control of the student on a consent form
developed by the district or provider. The student's parent or
guardian or another person having legal control of the student may
give consent for a student to receive ongoing services or may limit
consent to one or more services provided on a single occasion.
(b) The consent form must list every service the
school-based health center delivers in a format that complies with
all applicable state and federal laws and allows a person to consent
to one or more categories of services.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.054. CATEGORIES OF SERVICES. The permissible
categories of services are:
(1) family and home support;
(2) health care, including immunizations;
(3) dental health care;
(4) health education; and
(5) preventive health strategies.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.055. USE OF GRANT FUNDS FOR REPRODUCTIVE SERVICES
PROHIBITED. Reproductive services, counseling, or referrals may
not be provided through a school-based health center using grant
funds awarded under this subchapter.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.056. PROVISION OF CERTAIN SERVICES BY LICENSED
HEALTH CARE PROVIDER REQUIRED. Any service provided using grant
funds awarded under this subchapter must be provided by an
appropriate professional who is properly licensed, certified, or
otherwise authorized under state law to provide the service.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.057. IDENTIFICATION OF HEALTH-RELATED
CONCERNS. (a) The staff of a school-based health center and the
person whose consent is obtained under Section 38.053 shall jointly
identify any health-related concerns of a student that may be
interfering with the student's well-being or ability to succeed in
school.
(b) If it is determined that a student is in need of a
referral for mental health services, the staff of the center shall
notify the person whose consent is required under Section 38.053
verbally and in writing of the basis for the referral. The referral
may not be provided unless the person provides written consent for
the type of service to be provided and provides specific written
consent for each treatment occasion.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY
COUNCIL. (a) The board of trustees of a school district may
establish and appoint members to a local health education and
health care advisory council to make recommendations to the
district on the establishment of school-based health centers and to
assist the district in ensuring that local community values are
reflected in the operation of each center and in the provision of
health education.
(b) A majority of the members of the council must be parents
of students enrolled in the district. In addition to the appointees
who are parents of students, the board of trustees shall also
appoint at least one person from each of the following groups:
(1) teachers;
(2) school administrators;
(3) licensed health care professionals;
(4) the clergy;
(5) law enforcement;
(6) the business community;
(7) senior citizens; and
(8) students.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.059. ASSISTANCE OF PUBLIC HEALTH AGENCY. (a) A
school district may seek assistance in establishing and operating a
school-based health center from any public health agency in the
community. On request, a public health agency shall cooperate with
a district and to the extent practicable, considering the resources
of the agency, may provide assistance.
(b) A district and a public health agency may, by agreement,
jointly establish, operate, and fund a school-based health center.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.060. COORDINATION WITH EXISTING PROVIDERS IN
CERTAIN AREAS. (a) This section applies only to a school-based
health center serving an area that:
(1) is located in a county with a population not
greater than 50,000; or
(2) has been designated under state or federal law as:
(A) a health professional shortage area;
(B) a medically underserved area; or
(C) a medically underserved community by the
Office of Rural Community Affairs.
(b) If a school-based health center is located in an area
described by Subsection (a), the school district and the advisory
council established under Section 38.058 shall make a good faith
effort to identify and coordinate with existing providers to
preserve and protect existing health care systems and medical
relationships in the area.
(c) The council shall keep a record of efforts made to
coordinate with existing providers.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 609, § 7, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1276, § 9.006(f), eff. Sept. 1, 2003.
§ 38.061. COMMUNICATION WITH PRIMARY CARE
PHYSICIAN. (a) If a person receiving a medical service from a
school-based health center has a primary care physician, the staff
of the center shall provide notice of the service the person
received to the primary care physician in order to allow the
physician to maintain a complete medical history of the person.
(b) The staff of a school-based health center shall, before
delivering a medical service to a person with a primary care
physician under the state Medicaid program, a state children's
health plan program, or a private health insurance or health
benefit plan, notify the physician for the purpose of sharing
medical information and obtaining authorization for delivering the
medical service.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
Amendment by Acts 2001, 77th Leg., ch. 1424, § 4
Section 4 of Acts 2001, 77th Leg., ch. 1424, eff. Sept. 1, 2001,
amends V.T.C.A., Education Code § 38.011(j) [now this section]
without reference to the deletion of said subsection by Acts 2001,
77th Leg., ch. 1420, § 4.005. As so amended, § 38.011(j)
reads:
"(j) The requirements prescribed by Subsection (i) apply
only to a school-based health center serving an area that:
"(1) is located in a county with a population not greater
than 50,000; or
"(2) has been designated under state or federal law as:
"(A) a health professional shortage area;
"(B) a medically underserved area; or
"(C) a medically underserved community by the Office of
Rural Community Affairs."
§ 38.062. FUNDING FOR PROVISION OF SERVICES. A school
district or the provider with whom the district contracts shall
seek all available sources of funding to compensate the district or
provider for services provided by a school-based health center,
including money available under the state Medicaid program, a state
children's health plan program, or private health insurance or
health benefit plans or available from those persons using a
school-based health center who have the ability to pay for the
services.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.063. GRANTS. (a) Subject to the availability of
federal or state appropriated funds, the commissioner of public
health shall administer a program under which grants are awarded to
assist school districts with the costs of operating school-based
health centers in accordance with this section.
(b) The commissioner of public health, by rules adopted in
accordance with this section, shall establish procedures for
awarding grants. The rules must provide that:
(1) grants are awarded to school districts on an
annual basis through a competitive process; and
(2) a preference is given to school districts that are
located in rural areas or that have low property wealth per student.
(c) All health care programs should be designed to meet the
following goals:
(1) reducing student absenteeism;
(2) increasing a student's ability to meet the
student's academic potential; and
(3) stabilizing the physical well-being of a student.
(d) A school district may not receive more than $250,000 per
biennium through grants awarded under this section.
(e) To be eligible to receive a grant, a district must
provide matching funds in accordance with rules adopted under
Subsection (b). The matching funds may be obtained from any source
available to the district, including in-kind contributions,
community or foundation grants, individual contributions, and
local governmental agency operating funds.
(f) The commissioner of public health shall adopt rules
establishing standards for health care centers funded through
grants that place primary emphasis on delivery of health services
and secondary emphasis on population-based models that prevent
emerging health threats.
(g) The commissioner of public health shall require client
surveys to be conducted in school-based health centers funded
through grants awarded under this section, and the results of those
surveys must be included in the annual report required under
Section 38.064.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
§ 38.064. REPORT TO LEGISLATURE. (a) Based on
statistics obtained from every school-based health center in this
state, the commissioner of public health shall issue an annual
report to the legislature about the relative efficacy of services
delivered by school-based health centers and any increased academic
success of students at campuses served by those centers, with
special emphasis on any:
(1) increased attendance;
(2) decreased drop-out rates;
(3) improved student health; and
(4) improved performance on student assessment
instruments administered under Subchapter B, Chapter 39.
(b) In obtaining statistics for preparation of the report
required by this section, the commissioner of public health shall
ensure that data is collected for each county and aggregated
appropriately according to geographical region.
Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.
Renumbered from V.T.C.A., Education Code § 38.011 and amended by
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.
