PRIOR PRINTER'S NOS. 1541, 1727
PRINTER'S NO. 1788
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
913
Session of
2024
INTRODUCED BY LANGERHOLC, BAKER, ARGALL, MARTIN, DUSH, PHILLIPS-
HILL, MASTRIANO, ROTHMAN, J. WARD, HUTCHINSON, GEBHARD AND
AUMENT, APRIL 22, 2024
AS AMENDED ON THIRD CONSIDERATION, JUNE 26, 2024
AN ACT
Providing for parental consent for virtual mental health
services provided by a school entity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Virtual
Mental Health in Schools Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"School entity." A public school, including a charter school
or cyber charter school, private school, nonpublic school,
intermediate unit or area career and technical school operating
within this Commonwealth.
"Virtual mental health services." Online support, online
peer support community or counseling provided by an individual,
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who is not a licensed mental health professional in this
Commonwealth, or application.
"ARTIFICIAL INTELLIGENCE."
(1) A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF
HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS
OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS,
INCLUDING THE ABILITY TO:
(I) PERCEIVE REAL AND VIRTUAL ENVIRONMENTS;
(II) ABSTRACT PERCEPTIONS MADE UNDER SUBPARAGRAPH
(I) INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER;
AND
(III) USE MODEL INFERENCE TO FORMULATE OPTIONS FOR
INFORMATION OR ACTION BASED ON OUTCOMES UNDER
SUBPARAGRAPHS (I) AND (II).
(2) THE TERM INCLUDES GENERATIVE ARTIFICIAL
INTELLIGENCE.
"QUALIFIED PROFESSIONAL." A MENTAL HEALTH PROFESSIONAL WITH
A GRADUATE DEGREE AND LICENSED UNDER ANY OF THE FOLLOWING:
(1) THE ACT OF MAY 22, 1951 (P.L.317, NO.69), KNOWN AS
THE PROFESSIONAL NURSING LAW, AS A CERTIFIED REGISTERED NURSE
PRACTITIONER WITH A CLINICAL SPECIALTY IN MENTAL HEALTH.
(2) THE ACT OF MARCH 23, 1972 (P.L.136, NO.52), KNOWN AS
THE PROFESSIONAL PSYCHOLOGISTS PRACTICE ACT.
(3) THE ACT OF OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN
AS THE OSTEOPATHIC MEDICAL PRACTICE ACT, AS A PHYSICIAN OR
PHYSICIAN ASSISTANT WITH CLINICAL EXPERIENCE IN MENTAL
HEALTH.
(4) THE ACT OF DECEMBER 20, 1985 (P.L.457, NO.112),
KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, AS A PHYSICIAN OR
PHYSICIAN ASSISTANT WITH CLINICAL EXPERIENCE IN MENTAL
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HEALTH.
(5) THE ACT OF JULY 9, 1987 (P.L.220, NO.39), KNOWN AS
THE SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND
PROFESSIONAL COUNSELORS ACT.
"SCHOOL ENTITY." A PUBLIC SCHOOL, INCLUDING A CHARTER SCHOOL
OR CYBER CHARTER SCHOOL, PRIVATE SCHOOL, NONPUBLIC SCHOOL,
INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL SCHOOL OPERATING
WITHIN THIS COMMONWEALTH.
"VIRTUAL MENTAL HEALTH SERVICES." WEB-BASED SERVICES THAT
INCLUDE ANY OF THE FOLLOWING:
(1) ACCESS TO AN ONLINE PEER SUPPORT COMMUNITY.
(2) COUNSELING OR MENTAL HEALTH SUPPORT PROVIDED BY AN
INDIVIDUAL WHO IS NOT A QUALIFIED PROFESSIONAL LOCATED IN
THIS COMMONWEALTH.
(3) BEHAVIORAL HEALTH SUPPORT PROVIDED BY ARTIFICIAL
INTELLIGENCE.
Section 3. Parental consent to virtual mental health services
provided by a school entity.
(a) Application.--This act applies to all virtual mental
health services provided by or in coordination with a school
entity.
(b) Form requirements.--The school entity shall create a
form for obtaining virtual mental health services, which shall
contain the following:
(1) A summary and scope of the virtual mental health
services available.
(2) An area for parents or guardians to provide consent.
(3) Any other information the school entity deems
necessary.
(c) Obtaining consent.--Notwithstanding section 1.1(2) of
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the act of February 13, 1970 (P.L.19, No.10), entitled "An act
enabling certain minors to consent to medical, dental and health
services, declaring consent unnecessary under certain
circumstances," or any other provision of law or regulation, a
school entity providing or coordinating virtual mental health
services shall annually obtain a completed form with the consent
of the parent or guardian of a student who is under 18 years of
age prior to providing or coordinating virtual mental health
services to the student.
(d) Consent required.--A school entity may not provide or
coordinate any virtual mental health services for a student
whose parent or guardian has not provided consent under this
section.
SECTION 4. CONSTRUCTION.
THIS ACT SHALL NOT BE CONSTRUED TO AUTHORIZE PRACTICE OR
GRANT IMMUNITY FROM CRIMINAL OR CIVIL PENALTY FOR AN INDIVIDUAL
WHO IS NOT A QUALIFIED PROFESSIONAL WHO ENGAGES IN A COURSE OF
CONDUCT IN THIS COMMONWEALTH THAT IS IN VIOLATION OF A RELEVANT
PROVISION OF LAW, RULE OR REGULATION.
Section 4 5. Effective date.
This act shall take effect on July 1, 2024, or immediately,
whichever is later.
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