§ 23-17-4.1. Rules and regulations for school-based health centers.

(a) On or before January 1, 2022, the department of health shall promulgate rules and regulations for the specific licensing and operation of school-based health centers in elementary and secondary schools. All school-based health centers as defined in § 23-17-2 shall be licensed and operated pursuant to a school-based health center license.

(b) The rules and regulations promulgated by the department pursuant to the provisions of this section shall include, but not be limited to, requirements for adequate and appropriate staffing to include a requirement for a certified nurse-teacher to be employed and present in any elementary or secondary school with a school-based health center on site and for the establishment of standards of care and adequate supervision and management of staff.

(c) Pursuant to rules and regulations promulgated pursuant to the provisions of this section, every entity applying to be licensed as a school-based health center in an elementary or secondary school shall be responsible for:

(1) Developing and implementing a staffing/personnel plan that includes the school€™s certified nurse-teacher as a primary source of patient referrals, and articulates the role of the certified nurse-teacher in student and family communication, care coordination, and delivery of services to students; and

(2) Submitting for review by the department of health, any written agreements, memoranda of understanding, and/or other terms and conditions agreed to between the healthcare facility or the entity operating the healthcare facility and the school district and/or collective bargaining agent.

(d) The department shall not issue licenses for school-based health centers or any other healthcare facilities to be located in elementary or secondary schools until rules and regulations are promulgated pursuant to the provisions of this section.