Iowa Code 280A.3 – Establishment of provider-patient relationship for services provided via telehealth in a school setting
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1. A mental health professional who provides services via telehealth in a public school, an accredited nonpublic school, or an area education agency shall establish a valid provider-patient relationship with the student who receives telehealth services.
Terms Used In Iowa Code 280A.3
- 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.
- In-person encounter: means that the mental health professional and the student are in the physical presence of each other and are in the same physical location during the provision of behavioral health services. See Iowa Code 280A.1
- Mental health professional: means the same as defined in section 228. See Iowa Code 280A.1
- Patient: means a student receiving a behavioral health screening or other behavioral health services in accordance with this chapter. See Iowa Code 280A.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
- Provider-patient relationship: means the relationship between the patient and the mental health professional that meets the requirements for commencement and establishment of a valid provider-patient relationship as specified in this chapter. 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
2. The provider-patient relationship commences when all of the following conditions are met:a. The student with the health-related matter with the consent of the student’s parent or guardian seeks assistance from a mental health professional.b. The mental health professional agrees to undertake diagnosis and treatment of the student.c. The student’s parent or guardian agrees to have the student treated by the mental health professional.3. A valid provider-patient relationship may be established through any of the following means:a. Through an in-person encounter which includes an in-person medical interview and physical examination conducted under the standard of care required for an in-person encounter.b. Through consultation with a primary care provider who has an established relationship with the patient and who agrees to participate in or supervise the patient’s care.c. Through telehealth, if the standard of care does not require an in-person encounter, in accordance with evidence-based standards of practice and telehealth practice guidelines that address the clinical and technological aspects of telehealth, and the student’s parent or guardian is present.4. The parent or guardian of a student shall consent prior to the student receiving behavioral health services via telehealth under this chapter after a provider-patient relationship is established pursuant to this section. The school district shall maintain any such consent form completed by a parent or guardian.