281—14.21(280A) Behavioral health screenings in school settings.
	14.21(1) A school district, an accredited nonpublic school, or an AEA may contract with a mental health professional or a nationally accredited behavioral health care organization in order to provide universal behavioral health screenings to students. If the school district, accredited nonpublic school, or area education agency contracts with mental health professionals to conduct behavioral health screenings, the following paragraphs apply:
	a. 	The screenings will be administered with the contracted mental health professional present, using a screener approved by the department, in consultation with the department of health and human services.
	b. 	The school district, accredited nonpublic school, or AEA that contracts for on-site student behavioral health screenings will obtain written parent or guardian consent or, in the case of a student who has reached the age of majority, the student’s written consent prior to the student’s participating in each screening.
	c. 	At any point before or during the screening, a student may opt out or discontinue participation in the screening without retribution.
	14.21(2) The parental consent is to allow for the mental health professional to disclose the screening results to the school or AEA if there is a credible threat to the health and safety of the student or others and provide the appropriate emergency contact. The parental consent may allow for the mental health professional to disclose screening information to the school or AEA in order to support the student(s) who may need intervention that could be provided through the school.
	14.21(3) The school district or AEA will ensure that the mental health professionals contracted to administer the screeners are qualified to administer the selected behavioral health screener.
	14.21(4) The school district or AEA will have procedures to secure and limit the access to health information to comply with the Health Insurance Portability and Accountability Act (HIPAA), effective February 7, 2024, in accordance with parental consent.
	14.21(5) If a mental health professional conducts the screening and determines that a student needs additional behavioral health services, the mental health professional:
	a. 	Notifies the parent or guardian of the student of the results of the screening.
	b. 	May notify the student’s primary care provider, with parent or guardian consent, or the consent of the student who has reached the age of majority.
	c. 	May provide a list of local primary care providers to the parent or guardian if the student does not have a primary care provider.
[ARC 7788C, IAB 4/17/24, effective 5/22/24]