See Bill
Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
8453
2005-2006 Regular Sessions
I N A S S E M B L Y
May 25, 2005
___________
Introduced by M. of A. REILLY, LUPARDO, LAVELLE, EDDINGTON, RAMOS --
Multi-Sponsored by -- M. of A. BING, BRADLEY, DelMONTE, DESTITO,
ENGLEBRIGHT, GUNTHER, JOHN, KOON, LATIMER, LIFTON, MAGEE, MAGNARELLI
-- (at request of the State Education Department) -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to the use of school
space to improve student access to health, dental and mental health
clinic services through interagency collaboration
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 is relettered paragraph (k) and a new paragraph (j) is added to
3 read as follows:
4 (J) FOR LICENSED SCHOOL-BASED HEALTH, DENTAL OR MENTAL HEALTH CLINICS.
5 (I) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "LICENSED
6 SCHOOL-BASED HEALTH, DENTAL OR MENTAL HEALTH CLINIC" MEANS A CLINIC THAT
7 IS LOCATED IN A SCHOOL FACILITY OF A SCHOOL DISTRICT OR BOARD OF COOPER-
8 ATIVE EDUCATIONAL SERVICES, IS OPERATED BY AN ENTITY OTHER THAN THE
9 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND WILL
10 PROVIDE HEALTH, DENTAL OR MENTAL HEALTH SERVICES DURING SCHOOL HOURS
11 AND/OR NON-SCHOOL HOURS TO SCHOOL-AGE AND PRESCHOOL CHILDREN, AND THAT
12 IS: (1) A HEALTH CLINIC APPROVED UNDER THE PROVISIONS OF CHAPTER ONE
13 HUNDRED NINETY-EIGHT OF THE LAWS OF NINETEEN HUNDRED SEVENTY-EIGHT; OR
14 (2) ANOTHER SCHOOL-BASED HEALTH OR DENTAL CLINIC LICENSED BY THE DEPART-
15 MENT OF HEALTH PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
16 LAW; OR (3) A SCHOOL-BASED MENTAL HEALTH CLINIC LICENSED OR APPROVED BY
17 THE OFFICE OF MENTAL HEALTH PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL
18 HYGIENE LAW; OR (4) A SCHOOL-BASED MENTAL HEALTH CLINIC LICENSED BY THE
19 OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES PURSUANT TO
20 ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03368-01-5
A. 8453 2
1 (II) HEALTH PROFESSIONALS WHO PROVIDE SERVICES IN LICENSED
2 SCHOOL-BASED HEALTH, DENTAL OR MENTAL HEALTH CLINICS SHALL BE DULY
3 LICENSED PURSUANT TO THE PROVISIONS OF TITLE EIGHT OF THIS CHAPTER
4 UNLESS OTHERWISE EXEMPTED BY LAW AND SHALL BE AUTHORIZED TO PROVIDE SUCH
5 SERVICES TO THE EXTENT PERMITTED BY THEIR RESPECTIVE PRACTICE ACTS.
6 (III) EXCEPT WHERE OTHERWISE AUTHORIZED BY LAW, THE COST OF PROVIDING
7 HEALTH, DENTAL OR MENTAL HEALTH SERVICES SHALL NOT BE A CHARGE UPON THE
8 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND SHALL
9 BE PAID FROM FEDERAL, STATE OR OTHER LOCAL FUNDS AVAILABLE FOR SUCH
10 PURPOSE. BUILDING SPACE USED FOR SUCH A CLINIC SHALL BE EXCLUDED FROM
11 THE RATED CAPACITY OF THE SCHOOL BUILDING FOR THE PURPOSE OF COMPUTING
12 BUILDING AID PURSUANT TO SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED
13 TWO OF THIS CHAPTER OR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINE-
14 TEEN HUNDRED FIFTY OF THIS CHAPTER.
15 (IV) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO JUSTIFY A CAUSE
16 OF ACTION FOR DAMAGES AGAINST A SCHOOL DISTRICT OR A BOARD OF COOPER-
17 ATIVE EDUCATIONAL SERVICES BY REASON OF ACTS OF NEGLIGENCE OR MISCONDUCT
18 BY A SCHOOL-BASED HEALTH, DENTAL OR MENTAL HEALTH CLINIC OR SUCH CLIN-
19 IC`S OFFICERS OR EMPLOYEES.
20 S 2. Subdivision 2 of section 414 of the education law, as amended by
21 chapter 706 of the laws of 1992, is amended to read as follows:
22 2. The trustees or board of education shall determine the terms and
23 conditions for such use which may include rental at least in an amount
24 sufficient to cover all resulting expenses for the purposes of para-
25 graphs (a), (b), (c), (d), (e), (g), (i) {and}, (j) AND (K) of subdivi-
26 sion one of this section. Any such use, pursuant to paragraphs (a), (c),
27 (d) {and}, (h) AND (J) of subdivision one of this section, shall not
28 allow the exclusion of any district child solely because said child is
29 not attending a district school or not attending the district school
30 which is sponsoring such use or on which grounds the use is to occur.
31 S 3. This act shall take effect immediately.
.SO DOC A 8453 *END* BTXT 2005
|