Monday, September 26, 2005
Bill Text   -   A08453
Back | New York State Bill Search | Assembly Home
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     
Contact Webmaster