ENROLLED SENATE
BILL NO. 626 By: Bullard
of the Senate
and
Randleman
of the House
An Act relating to students; allowing the parent or legal
guardian of a student to disclose to a school whether the student has received
certain mental health services from certain facility within certain time
period; defining term; requiring designated school personnel to hold certain
meeting within certain time period after disclosure to determine whether
accommodations are needed; requiring certain disclosure to comply with certain
acts; providing for promulgation of rules; amending 43A O.S. 2021, Section
5-513, which relates to discharge plans of certain minors; requiring certain
notification upon discharge of minor from certain treatment; providing for
codification; providing an effective date; and declaring an emergency.
SUBJECT: Mental health of students
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 3-169 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A.
Beginning with the 2023-2024 school year, prior to enrollment the parent
or legal guardian of a student may disclose to the student’s resident district,
as determined by Section 1-113 of Title 70 of the Oklahoma Statutes, if the
student has received inpatient or emergency outpatient mental health services
from a mental health facility in the previous twenty-four (24) months. For the purposes of this section, “mental
health facility” shall have the same meaning as Section 5-502 of Title 43A of
the Oklahoma Statutes.
B.
If a disclosure provided for in subsection A of this section occurs,
designated school personnel, which may include members of the individualized
education program (IEP) team, shall meet with the parent or legal guardian of
the student and representatives of the mental health facility prior to
enrollment to determine whether the student is in need of any accommodations
including but not limited to an IEP in accordance with the Individuals with
Disabilities Education Act (IDEA) or a Section 504 Plan as defined by the
Rehabilitation Act of 1973. The meeting
required by this section may take place in person, via teleconference, or via
videoconference.
C.
The disclosure and subsequent handling of personal health information
and related student education records pursuant to this section shall comply
with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
D.
The State Board of Education shall promulgate rules to implement the
provisions of this section.
SECTION 2.
AMENDATORY 43A O.S. 2021,
Section 5-513, is amended to read as follows:
Section 5-513. A. Within ten (10) days after the admission of a
minor for inpatient treatment, the person in charge of the facility in which
the minor is being treated shall ensure that an individualized treatment plan
has been prepared by the person responsible for the treatment of the
minor. The minor shall be involved in
the preparation of the treatment plan to the maximum extent consistent with the
ability of the minor to understand and participate. The parent or legal c
B.
The facility shall discharge the minor when appropriate facility medical
staff determine the minor no longer meets the admission or commitment
criteria. If not previo
C.
Prior to the discharge of the minor from inpatient treatment, a
discharge plan for the minor shall be prepared and explained to the minor and
the parent or the person responsible for the supervision of the case. The plan shall include, but not be
limited to:
1.
The services required by the minor in the community to meet the needs of
the minor for treatment, education, ho
2.
Identification of the public or private agencies that will be involved
in providing treatment and support to the minor;
3.
Information regarding medication which should be prescribed to the
minor; and
4.
An appointment for follow-up outpatient treatment and medication
management.
D.
Upon the discharge of the minor from inpatient treatment, a designee of
the facility shall inform the parent or person responsible for the supervision
of the case of the importance of disclosing the mental health needs of the
minor to the minor’s resident school district as provided for in Section 1 of
this act including disclosure in whole or in part of the minor’s discharge plan
prepared pursuant to subsection C of this section as appropriate and consistent
with applicable law.
SECTION 3.
This act shall become effective July 1, 2022.
SECTION 4.
It being immediately necessary for the preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, by reason whereof
this act shall take effect and be in full force from and after its passage and
approval.
Passed the Senate the 9th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________