S 261 Session 112 (1997-1998)
S 0261 General Bill, By Short, Alexander, Anderson, Bryan, Glover, Hutto,
Jackson, Land, Lander, Matthews, Mescher, Moore, Patterson, Rankin, Reese,
Saleeby, Washington and D. Williams
A BILL TO ENACT THE "COORDINATED SERVICES FOR YOUTH ACT OF 1997", BY AMENDING
CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN
CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE
A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND
TO DEVELOP AND IMPLEMENT A SCHOOL BASED HEALTH SERVICES PROGRAM TO COMPLEMENT
EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE
PARENTS, AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF
RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
01/28/97 Senate Introduced and read first time SJ-5
01/28/97 Senate Referred to Committee on Medical Affairs SJ-5
03/25/97 Senate Polled out of committee Medical Affairs SJ-6
03/25/97 Senate Committee report: Favorable with amendment
Medical Affairs SJ-6
05/27/98 Senate Recommitted to Committee on Medical Affairs SJ-111
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
March 25, 1997
S. 261
Introduced by Senators Short, Mescher, Williams, Bryan, Rankin,
Jackson, Washington, Matthews, Reese, Glover, Alexander,
Patterson, Land, Moore, Hutto, Anderson, Lander and Saleeby
S. Printed 3/25/97--S.
Read the first time January 28, 1997.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (S. 261), to enact the "Coordinated
Services for Youth Act of 1997", by amending Chapter 7, Title
20, Code of Laws of South Carolina, 1976, etc., respectfully
REPORT:
Has polled the Bill out majority favorable with amendment, to wit:
Amend the bill, as and if amended, page 2, by striking line 38 and
inserting in lieu thereof the following:
/(a) health assessments;/
Amend the bill further, as and if amended, page 6, by striking lines
13 through 17 and inserting in lieu thereof the following:
/(3) report on the development of the school health services
programs and on the results of the periodic program reviews and
submit district program budget and financial reports to the Governor
and the Human Services Coordinating Council./
Amend title to conform.
A BILL
TO ENACT THE "COORDINATED SERVICES FOR YOUTH
ACT OF 1997", BY AMENDING CHAPTER 7, TITLE 20,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO
DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH
THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL TO CONVENE A SCHOOL HEALTH PLANNING
COMMITTEE TO ASSESS THE HEALTH STATUS OF
CHILDREN AND TO DEVELOP AND IMPLEMENT A
SCHOOL-BASED HEALTH SERVICES PROGRAM TO
COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE
PROVIDED FOR STUDENTS AT THE OPTION OF THE
PARENTS AND TO PROVIDE FOR THE SERVICES TO BE
PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING
AND PROGRAM REVIEW PROCEDURES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the "Coordinated Services
for Youth Act of 1997".
SECTION 2. Chapter 7, Title 20 of the 1976 Code is amended by
adding:
"Article 28
Health Services for Children and Youth
Section 20-7-6305. (A) Each school district in conjunction with
the Department of Health and Environmental Control shall convene
a district health planning committee which at a minimum, when
possible, should be composed of representatives from the local
departments of education, health, social services, mental health,
alcohol and other drug abuse services, and juvenile justice and from
the local school board, public and private health care providers,
private nonprofit community-based child advocacy organizations and
parents, teachers, and, where appropriate, students. Each committee
shall conduct an assessment of the status of the health of the children
and youth in the district, of the health needs of the district children
and youth, and of the community resources available and needed to
address these health needs.
(B) Based on the assessment, the committee shall develop by July
1, 1998, a school health services program which must:
(1) be an interagency multidisciplinary service delivery plan to
meet the comprehensive health needs of the district's children and
youth and which may be a multidistrict or multicounty plan;
(2) assign the responsibility for the provision of services and, to
the extent possible, provide services by and through a coordinated
referral system to existing resources available in schools and
communities including, but not limited to, public and private health
providers, health agencies, and social services agencies;
(3) identify the physical sites for the delivery of services and,
whenever practical, deliver services on the school site;
(4) identify and maximize the use of all existing available
federal, state, local, and private funding sources.
(C) A school health services program must include:
(1) Health and nursing services including, but not limited to,
preventive services directed at eliminating destructive lifestyle
behaviors; formulating individual student health care plans when
needed, in consultation with students and their families about the
student's plan and other health needs; coordinating student health
care; assessing, evaluating, and treating minor illnesses and injuries;
providing temporary emergency care pending other disposition;
administering medications; referring for intervention and remediation
of specific health problems; follow-up for illnesses and injuries;
assisting families in obtaining medical, dental, and other health care;
counseling and must include, but is not limited to, these health and
nursing screening and assessment services:
(a) health assessments, as provided for in Section 59-65-710;
(b) oral health screenings;
(c) vision screenings;
(d) hearing screenings;
(e) scoliosis screenings;
(f) growth and development screenings.
Health and nursing services must be provided by or under the
direction of a physician, physician assistant, nurse practitioner or a
registered nurse licensed in the State of South Carolina.
For purposes of this item `screening' means presumptive
identification of unknown or unrecognized diseases or defects by
application of tests that can be given with ease and rapidity to
apparently healthy persons.
(2) Nutrition services including, but not limited to, nutrition
assessment, intervention, and counseling for students with diseases
or medical conditions that place the student at risk for nutritional
problems or who require nutrition therapy; and programs that offer
opportunities for students to experience learning through classroom
nutrition and health education.
(3) Counseling and social work services including, but not
limited to, services that are broad-based, comprehensive individual,
family and group assessments, interventions and referrals which
promote the mental, emotional, and social health of students.
(a) Social services including, but not limited to, services that
are designed to enhance the economic and social well-being of
students and their families;
(b) Mental health services including, but not limited to,
mental health assessment and counseling of students and their
families. Mental health services include those provided in, or
accessible to, schools by community mental health centers
administered by the Department of Mental Health.
(c) Alcohol and other drug abuse services including, but not
limited to, services that educate students and their families about the
health and social problems resulting from the use and abuse of
alcohol, tobacco, and other drugs and services that prevent or treat
use and abuse of alcohol, tobacco, and other drugs.
(4) Health education in a school setting that is planned and
carried out with the purpose of maintaining, reinforcing, or enhancing
the health, health-related skills, and health attitudes and practices that
are conducive to their good health and that promote wellness, health
maintenance, and disease prevention.
Section 20-7-6310. No school health services program may:
(1) provide abortion counseling or advocate abortion in any way
or refer a student to an organization for abortion counseling or to an
organization which performs abortion counseling;
(2) distribute at a public school a contraceptive or abortifacient
drug or device or similar device or refer an individual to an
organization for distribution of these drugs or devices.
Section 20-7-6315. In addition to the requirements for a school
health services program as provided for in Section 20-7-6305, the
program also may include, but is not limited to:
(1) healthy school environment component which addresses the
physical and aesthetic surroundings and the psycho-social climate
and culture of the school. Factors that influence the physical
environment include, but are not limited to, the school building and
the area surrounding it, biological or chemical agents that may be
detrimental to health, and physical conditions including, but are not
limited to, temperature, noise, and lighting;
(2) health promotion programs for school staff that provide health
assessments, health education, and health-related fitness activities.
Section 20-7-6320. The district health planning committee shall
formulate charges and a sliding fee schedule for appropriate services
under the program and also shall develop and implement procedures
for billing third party providers.
Section 20-7-6325. Annually before the commencement of the
school year, the school district shall notify parents of the services
available to students and families under the district's school health
services program. In order for a student to have access to or receive
services under the program, the student's parent or guardian annually
must sign a consent form provided by the district.
Section 20-7-6330. Services provided under the program must
complement services provided by existing health care providers;
however, if the student does not have a primary care provider,
primary care services may be provided to the student under the
program. When a student has a primary care provider and services
are rendered at a school site or school-linked facility, to the extent it
is necessary for continuity of care, as provided for in regulation, the
student's primary care provider must be notified that the services
were provided.
Section 20-7-6335. A student's health record and information
obtained on a student, including records and information on or
pertaining to the student's family, in connection with the school
health services program or services rendered under the program are
confidential and must not be disclosed or made public unless:
(1) to appropriate school district personnel to the extent necessary
to administer the school health services program and to protect the
health of the student;
(2) a medical emergency exists, to medical personnel to the extent
necessary to protect the health of the student and the health of the
medical personnel;
(3) the parent or guardian of a student under eighteen years of age
consents or if the student is eighteen years of age or older, if the
student consents; and
(4) no person can be identified in the information to be disclosed
and the disclosure is for statistical or research purposes only.
Section 20-7-6340. For administrative purposes, the principal of
each school has immediate supervisory authority over the health
personnel working on the school site.
Section 20-7-6345. (A) The Department of Health and
Environmental Control and the Department of Education shall
convene an expanded school health services statewide committee of
public and private sector representatives of the health and business
communities. The committee shall develop a competitive grant
process, solicit proposals, and award grants for expanded services
under the school health services program to schools and school
districts where there is a high incidence of medically underserved and
high-risk children. Criteria for evaluating the incidence of medically
underserved and high-risk children include, but are not limited to,
rates of communicable diseases, inappropriate use of hospital
emergency rooms, low birthweight babies, infant mortality, teenage
pregnancy, teenage suicide, juvenile delinquency and crime, school
dropout, child abuse and neglect, family violence, substance abuse,
and enrollment in special education programs for handicapped
children. Grant awards are dependent upon the availability of
funding. Grants must be awarded to schools and school districts
whose proposals are based on innovative, creative, and collaborative
services and programs which have the greatest potential for
promoting the health and well-being of medically underserved
high-risk students; however, the awarding of grants is dependent
upon the availability of funding.
(B) Expanded school health services funded under this section
must not include the distribution of any contraceptive or abortifacient
drug or device or similar device and must not include abortion
counseling, abortion services, or referral to an organization for
abortion counseling or abortion services and may not advocate
abortion in any way.
Section 20-7-6350. (A) The Department of Health and
Environmental Control and the Department of Education shall:
(1) oversee the delivery and coordination of school health
services programs and periodically review and evaluate the
effectiveness and adequacy of these programs;
(2) collect and compile budget and financial information on
each school health services program;
(3) report on the development of the school health services
programs and on the results of the periodic program reviews and
submit district program budget and financial reports to the Governor,
the Human Services Coordinating Council, and the Joint Legislative
Committee on Children and Families.
(B) Upon review of the reports submitted by the Department of
Health and Environmental Control and the Department of Education,
the Human Services Coordinating Council shall develop in
conjunction with these departments a joint budget request for
expanded school health services programs. The council shall provide
advisory assistance to the district health advisory committees as
needed including, but are not limited to, recommendations for
promoting coordination and collaboration in the planning process and
in the delivery of services and for maximizing the use of federal
funds. The council also shall develop a single form to capture basic
referral information to be used by the member agencies and their
respective local entities.
Section 20-7-6355. In the administration of services under a
school health services program pursuant to this article, an employee
is immune from liability for negligence as provided for in the Tort
Claims Act.
Section 20-7-6360. The Department of Health and
Environmental Control and the Department of Education jointly shall
promulgate regulations to carry out this article."
SECTION 3. The school health services programs, as provided for
in Section 20-7-6305 of the 1976 Code as added by Section 2 of this
act, may be implemented in school year 1998-1999, following the
completion of the program planning process but must be
implemented no later than the first day of the 1999-2000 school year.
SECTION 4. This act takes effect upon approval by the Governor.
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