Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Establishes conditions for operation of school-based health centers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the establishment of school-based health centers and supplementing chapter 40 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "school-based health center" means a health clinic that:
(1) is located on school property;
(2) is organized or promoted through school, community, or health care provider relationships; and
(3) provides primary health services to students of the school district.
A school-based health center may serve members of the community other than students, including students' families and school district employees.
b. The board of education of a school district may enter into an agreement or contract with a health care provider, health system, or community partner to provide facilities space to be used for the establishment of a school-based health center. A school-based health center established pursuant to this section shall be operated as a legal entity separate from the school district and shall comply with the following conditions:
(1) the establishment of a school-based health center shall not replace the roles of school nurses, school athletic trainers, or any other school district positions that provide first aid, emergency services, or school nursing services to students;
(2) student participation in services provided by a school-based health center shall be voluntary;
(3) the school-based health center and school district shall be prohibited from offering any incentive to a student or parent of a student in exchange for participation in services provided by the school-based health center;
(4) the parent or guardian of a minor student shall provide written informed consent prior to the student's receipt of services at a school-based health center, and the parent or guardian of a minor student shall be present at the time the student receives services;
(5) services provided at a school-based health center shall be provided by a professionally qualified health care provider;
(6) services shall be provided in a manner that ensures the privacy of the student, consistent with State and federal laws applicable to the confidentiality of health records, and a student's health record at the school-based health center shall not be considered part of a student's education record or provided to the school district, except as may be otherwise required by law; and
(7) the school-based health center complies with all other applicable State and federal laws and regulations.
c. The State Board of Education, in consultation with the Commissioner of Health, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.
2. This act shall take effect on the first day of the sixth month next following enactment.
STATEMENT
This bill establishes conditions for the operation of school-based health centers.
The bill permits a board of education of a school district to enter into an agreement or contract with a health care provider, health system, or community partner to provide facilities space for the establishment of a school-based health center under certain conditions. Specifically, the bill requires the following:
(1) the school-based health center be a legal entity separate from the school district;
(2) the establishment of a school-based health center cannot replace the roles of school nurses and other school district employees (3) student participation in services provided by a school-based health center be voluntary;
(4) the school-based health center and school district are prohibited from offering any incentive to a student or parent of a student in exchange for participation in services provided by the school-based health center;
(5) the parent or guardian of a minor student is to provide written informed consent prior to the student's receipt of services at a school-based health center, and the parent or guardian of a minor student is required to be present at the time the student receives services;
(6) services provided at a school-based health center are to be provided by a professionally qualified health care provider;
(7) services are to be provided in a manner that ensures the privacy of the student, and a student's health record at the school-based health center will not be considered part of a student's education record or provided to the school district, except as may be otherwise required by law; and
(8) the school-based health center complies with all other applicable State and federal laws and regulations.
The bill directs the State Board of Education, in consultation with the Commissioner of Health, to promulgate the regulations necessary to effectuate the bill's provisions.