A. The Department, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, shall develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider or a nationally recognized school-based telehealth provider that (i) sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider, including the provision of mental health teletherapy for students outside of regular school hours and during regular school hours on school property and the provision of counseling for students by school counselors by way of telehealth and including a requirement for parental consent before the provision of any such services to any student who is under 18 years of age; (ii) reflects effective practices; and (iii) addresses privacy considerations related to the exchange of information between the parties to the memorandum of understanding and relevant laws and regulations. The Department shall maintain and update as necessary the model memorandum of understanding to ensure that it remains current, useful, and relevant.
B. Any school board may provide school-based mental health teletherapy services and permit any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours on the same basis as such students are permitted to schedule and participate in school counseling services.
C. Any school board that chooses to provide such mental health teletherapy services pursuant to subsection B shall (i) enter into a memorandum of understanding with a nationally recognized school-based telehealth provider in accordance with the model memorandum of understanding developed by the Department pursuant to subsection A that ensures and sets forth parameters for the provision of mental health teletherapy services for students during regular school hours and (ii) develop and implement, pursuant to § 22.1-272.3, policies and guidance for permitting any public school student in the school division to schedule and participate in mental health teletherapy services on school property during regular school hours.