HBA-LCA H.B. 3439 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3439
By: Isett
Public Education
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

To provide preventative and general health care services to children, and
often their families, a public health clinic may currently operate in a
public school.  A community task force determines which services are needed
by the community or by the area the school serves, and a clinic may be
established according to those needs.  Often, these clinics provide the
only affordable and convenient health care service available to an
uninsured child or family member. 

There is a perception that the operation of these clinics may draw business
from local, private health care providers.  H.B. 3439 prohibits the
operation of a school-based public health clinic if there is a private
doctor offering general health care services within five miles of the
school.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 1 (Section 38.011, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Education Code, by adding Section 38.011, as
follows:   

Sec.  38.011.  LIMITATION ON SCHOOL-BASED HEALTH CLINICS.  (a) Prohibits a
clinic that provides general health care services to students from being
operated on a primary or secondary school campus if a facility at which a
physician offers general health care services is located within a five-mile
radius of the campus. 

(b)  Provides that a school nurse or other health care professional may
provide to a student the on-campus services traditionally performed by a
school nurse. 

(c) Authorizes the commissioner of education to adopt rules as necessary to
implement this section. 

SECTION 2.  Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 3.  Emergency clause.
            Effective date: upon passage.