Trial Engrossment of Amendment A07437 to Senate Bill 1181 P.N. 1803, Regular Session 2017-2018

A07437

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1181

Session of

2018

INTRODUCED BY RESCHENTHALER, ARGALL, VULAKOVICH, BOSCOLA AND

REGAN, MAY 30, 2018

REFERRED TO EDUCATION, MAY 30, 2018

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in school health services, providing

for early intervention depression screening.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1425. Early Intervention Depression Screening.--(a)

All children of school age shall receive a depression screening

while in sixth grade and thereafter in accordance with the

schedule for mandated medical examinations under section

1402(e). The comprehensive health examination for a child of

school age shall include written confirmation from the child's

physician or other qualified health care professional that the

screening was completed.

(b) All school entities of this Commonwealth shall ensure

parents and guardians are effectively notified of the

requirement under subsection (a). The notice shall do all of the

following:

(b) Each school entity shall pr ovide notice of the

requirement under subsection (a) to the parent or guardian of

each child. The notice shall be developed by the Department of

Health and made available on the school entity's publicly

accessible Internet website or inc luded in any other materials

used to effectively communicate with parents or guardians

regarding the medical examination requirement.

(1) Explain that a physician or other qualified health care

professional shall conduct the depression screening as required

under subsection (a) and provide the school entity in which the

child is enrolled with written confirmation that the screening

was completed.

(2) State that a parent or guardian may opt out of the

depression screening required under subsection (a).

(3) Specify that the decision to act on screening results

rests entirely with the parent or guardian.

(4) State that the school entity will not receive the

results of the screening unless the parent or guardian chooses

to share the results of the screening with the school entity.

(5) State the following:

(i) If the parent or guardian chooses to share the results

of the screening with the school entity and the screening

indicates the presence of thoughts or behaviors often associated

with a diagnosis of depression, the school entity shall refer

the child:

(A) to the school's student assistance program;

(B) to the school psychologist for evaluation; or

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Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) or

under section 504 of the Rehabilitation Act of 1973 (Public Law

93-112, 29 U.S.C. § 794).

(ii) The parent or guardian shall be notified at the point

of referral and that an evaluation under this paragraph may not

be performed unless the parent or guardian consents to the

evaluation.

Department of Education, shall make available materials:

(1) That at a minimum explain the following:

(i) The importance of early diagnosis for mental health and

common challenges for students with undiagnosed or untreated

depression.

(ii) Related Federal and State privacy protections and

parental rights in relation to the health requirements of

children of school age.

(2) To school entities in print format, which shall also be

and posted on the publicly accessible Internet websites of the

Department of Health and the Department of Education.

(d) The academic records of a child of school age shall not

include the child's screening results or information indicating

whether a screening was completed.

(e) The Department of Health shall amend the standard

private or school physical examination of school age student

form to accommodate the depression screening required under

subsection (a). The form shall require the physician or other

qualified health care professional completing the form to

indicate confirmation that a depression screening was completed

or not completed or that the parent or guardian of the student

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opted out of the screening. The physician or other qualified

health care professional who completes the screening may use

this form or a form that provides substantially similar

information to provide confirmation of the screening or that the

parent or guardian has opted out of the screening to the school

entity of the child of school age.

(f) Nothing in this section shall be construed to create,

establish or expand civil or criminal liability on the part of a

school entity or school employe.

(g) Within ninety (90) days of the effective date of this

section, each school entity shall adopt or revise existing

procedures concerning the school entity's response if it is

provided with a depression screening indicating that a student

has thoughts or engages in behaviors that are often associated

with a diagnosis of depression.

(h) The Department of Health shall promulgate regulations

necessary to implement this section . , including a determination

of who can be deemed a qualified health care professional for

the purpose of this section and privacy procedures that apply

when depression screening is conducted in a school entity by a

school physician or other practitioner c ontracted for the

purposes of conducting medical examinations under section

1402(e).

(i) As used in this section, "school entity" shall mean a

school district, charter school, cyber charter school, regional

charter school, area vocational-technical school, intermediate

unit or nonpublic school in this Commonwealth.

Section 2. This act shall take effect August 1, 2018.

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