1. A public school, accredited nonpublic school, or an area education agency may provide access to behavioral health services via telehealth on the premises of the public school, accredited nonpublic school, or area education agency. If a public school, an accredited nonpublic school, or an area education agency provides such access, the school or area education agency shall do all of the following:

 a. Provide a secure, confidential, and private room for such services and the technology necessary to conduct telehealth services.
 b. Maintain parent or guardian consent forms for the provision of such services. Consent forms shall be required for each academic year in which the student receives such services.
 c. Maintain scheduling requests for student appointments for such services and provide the student access to the room by a school nurse or other appropriately trained school or area education agency employee.
 d. Ensure that no school or area education agency employee is present in the same room as the student during the provision of such services.
 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.
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Terms Used In Iowa Code 280A.4

  • Accredited nonpublic school: means any school, other than a public school, that is accredited pursuant to section 256. See Iowa Code 280A.1
  • Area education agency: means an area education agency established pursuant to chapter 273. See Iowa Code 280A.1
  • Behavioral health services: means services provided by a health care professional operating within the scope of the health care professional's practice which address mental, emotional, medical, or behavioral conditions, illnesses, diseases, or problems. See Iowa Code 280A.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Mental health professional: means the same as defined in section 228. See Iowa Code 280A.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Primary care provider: means the personal provider trained to provide the first contact and continuous and comprehensive care to a patient and includes but is not limited to any of the following licensed or certified health care professionals who provide primary care:
     a. See Iowa Code 280A.1
  • Public school: means any school directly supported in whole or in part by taxation. See Iowa Code 280A.1
  • School: means an agency of the state or political subdivision of the state, individual, partnership, company, firm, society, trust, association, corporation, or any combination which meets any of the following criteria:
     a. See Iowa Code 261B.2
  • School district: means a school district described in chapter 274. See Iowa Code 280A.1
  • Student: means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by a school. See Iowa Code 261B.2
  • Student: means a person enrolled in and attending an accredited nonpublic school or a public school in grades one through twelve. See Iowa Code 280A.1
  • Telehealth: means the same as defined in section 514C. See Iowa Code 280A.1
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. The public school, accredited nonpublic school, or area education agency shall not have access to or handle any of the student’s medical records or be responsible for billing for the telehealth services provided.
 3. A mental health professional with prescribing authority who provides telehealth services in accordance with this section shall not prescribe any new medication to a student during a telehealth session. However, a mental health professional with prescribing authority may initiate new prescriptions, alter the dosage of an existing medication, or discontinue an existing medication for the treatment of the student’s behavioral health condition after consultation with the student’s parent or guardian.
 4. 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.
 5. Protected health information, including but not limited to medical records and medical billing information, created by the mental health professional or primary care provider shall not be shared with or disclosed to a public school, accredited nonpublic school, or area education agency, unless disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of the student or to a clearly identifiable person or persons and the mental health professional determines the student has the apparent intent and ability to carry out the threat.
 6. A school district, an accredited nonpublic school, an area education agency, the board of directors of a school district or an area education agency, authorities in charge of the accredited nonpublic school, and employees of the school district, accredited nonpublic school or area education agency, shall not be liable for any injury arising from the provision of voluntary behavioral health screenings or behavioral health services in accordance with this chapter, provided such person has acted reasonably and in good faith and in accordance with the provisions of this chapter.
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