                                 CODE OF VIRGINIA

DEPARTMENT; MODEL MEMORANDUM OF UNDERSTANDING; PARTNERSHIPS WITH COMMUNITY
MENTAL HEALTH SERVICES PROVIDERS OR A NATIONALLY RECOGNIZED SCHOOL-BASED
TELEHEALTH PROVIDER (§ 22.1-272.2)

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 &#xA7; 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.

HISTORY: 2023, c. 349; 2024, c. 534; 2025, cc. 555, 563, 628, 666.