School districts clarify telehealth consent policies for student mental health appointments

November 14, 2024 | Maryland Department of Education, School Boards, Maryland


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School districts clarify telehealth consent policies for student mental health appointments
A pivotal discussion on student health services took place during the Maryland State Department of Education's Education Policy Committee meeting on November 14, 2024. The committee focused on the implications of a new bill regarding telehealth appointments for students, raising critical questions about parental consent and student autonomy.

The bill clarifies that while parents must provide permission for appointments, students aged 12 and older can independently schedule appointments for mental health treatment. This dual consent model aims to balance parental involvement with the growing need for student privacy in health matters. Committee members emphasized the importance of understanding how local education agencies (LEAs) will implement these policies, particularly regarding the scheduling of appointments and the communication of consent.

A key point raised was the distinction between school responsibilities and those of healthcare providers. The committee noted that while LEAs will facilitate the appointment process, the determination of a student's capacity to consent to treatment ultimately lies with the healthcare provider. This means that if a provider deems a student unable to consent, they will not proceed with scheduling a telehealth session.

Concerns were also voiced about how conflicts between parental and student consent would be managed. The committee clarified that health care records would remain confidential between the student and provider, separate from educational records governed by federal privacy laws.

As the committee continues to navigate these complex issues, they are urging LEAs to consult legal counsel when drafting their policies to ensure compliance and clarity. The outcome of these discussions could significantly shape how mental health services are accessed by students in Maryland schools, highlighting the ongoing evolution of student health care in educational settings.

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