Iowa Admin. Code r. 281-14.24

Current through Register Vol. 46, No. 22, May 1, 2024

Rule 281-14.24 - [Effective until 5/22/2024] Behavioral health services provided via telehealth in a school setting

(1) On or after January 1, 2021, a school district, accredited nonpublic school or AEA may provide access to behavioral health services via telehealth on school/AEA premises.

(2) If the school district, accredited nonpublic school or AEA provides access to behavioral health services via telehealth on school/AEA premises, it shall:

a. Provide a secure, confidential, and private room for services and the technology necessary to conduct telehealth services.

b. Maintain parent or guardian consent forms for each academic year the student receives services.

c. Maintain a schedule for student appointments and arrange for student access to the room by a school nurse or other appropriately trained school or AEA agency employee.

d. Ensure that no employee is present in the same room as the student during the session or service.

e. Provide information to the student participating in telehealth services about how and to whom to report inappropriate behavior by a mental health professional.

f. Provide access to the student's parent or guardian to participate in any of the student's telehealth sessions.

(3) The school district, accredited nonpublic school or AEA shall not access any of the student's medical records or be responsible for billing for the telehealth services.

(4) A mental health professional with prescribing authority who provides telehealth services shall not alter the dosage of an existing medication or prescribe any new medication during a telehealth session without prior consultation with the student's parent or guardian.

(5) The mental health professional shall notify the student's parent or guardian of the time and place for each scheduled telehealth session and specify the means available for the parent or guardian to participate in the session.

(6) The mental health or primary care provider shall keep confidential all patient records and shall not share with the school or AEA unless:

a. Appropriate release of information is obtained, or

b. Shared to prevent a serious and imminent threat to the health and safety of a student or other person, and the mental health professional assesses that the student has intent and ability to carry out the threat.

(7) A public school district, an accredited nonpublic school, an AEA, the boards of directors of a school district or AEA, authorities in charge of accredited nonpublic school, and employees of schools or agencies who act reasonably and in good faith shall not be liable for any injury resulting from the provision of voluntary behavioral health screening or behavioral health services.

Iowa Admin. Code r. 281-14.24

Adopted by IAB June 30, 2021/Volume XLIII, Number 27, effective 8/4/2021