S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9750
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT to amend the education law, in relation to requiring the commis-
   sioner to develop model mental  health  screenings  for  students  and
   associated  guidelines  to  assist  school  mental health screeners to
   perform mental health screening services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 912-c
 to read as follows:
   § 912-C. STUDENT MENTAL HEALTH SCREENING.  1.  FOR  PURPOSES  OF  THIS
 SECTION,  "SCHOOL  MENTAL  HEALTH SCREENER" SHALL MEAN A SCHOOL PSYCHOL-
 OGIST, SCHOOL SOCIAL WORKER, OR A HEALTH PROFESSIONAL OR OTHER  EMPLOYEE
 OF  A  SCHOOL  AS DEEMED APPROPRIATE BY THE COMMISSIONER, IN CONJUNCTION
 WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF  MENTAL  HEALTH,
 TO PERFORM A MENTAL HEALTH SCREENING PURSUANT TO THIS SECTION.
   2.  THE  COMMISSIONER,  IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH
 AND THE COMMISSIONER OF MENTAL HEALTH, SHALL DEVELOP MODEL MENTAL HEALTH
 SCREENINGS AND ASSOCIATED GUIDELINES  TO  ASSIST  SCHOOL  MENTAL  HEALTH
 SCREENERS  TO  PERFORM  MENTAL  HEALTH  SCREENING  SERVICES  TO IDENTIFY
 CURRENT OR EMERGING CONCERNS IN STUDENTS' MENTAL HEALTH. THE  GUIDELINES
 SHALL  INCLUDE VARYING MENTAL HEALTH SCREENING MODELS THAT CORRESPOND TO
 THE DIFFERING LEVELS OF TRAINED OR LICENSED HEALTH PROFESSIONALS  AVAIL-
 ABLE IN SCHOOL DISTRICTS ACROSS THE STATE.
   3. MODEL MENTAL HEALTH SCREENINGS SHALL BE DESIGNED TO SCREEN INDIVID-
 UALS  FOR  DEPRESSION,  ANXIETY, BIPOLAR DISORDER, POST-TRAUMATIC STRESS
 DISORDER (PTSD), EARLY  PSYCHOSIS,  OR  POTENTIAL  ADDICTION  DISORDERS.
 MODELS  MAY DIFFER IN THEIR ABILITY TO DETECT EACH LISTED MENTAL ILLNESS
 IN CORRESPONDENCE WITH THE COMMISSIONERS' RECOMMENDATIONS REGARDING  THE
 APPROPRIATE LEVELS OF TRAINING OR LICENSED PROFESSIONALS REQUIRED.
   4. THE GUIDELINES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   A. RECOMMENDATIONS FOR THE FREQUENCY OF SUCH MENTAL HEALTH SCREENINGS;
   B.  INSTRUCTION  FOR THE CONFIDENTIAL MAINTENANCE OF HEALTH RECORDS IN
 COMPLIANCE WITH THE APPROPRIATE FEDERAL AND STATE  LAWS,  INCLUDING  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11568-03-4
 A. 9750                             2

 FAMILY  EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) AND THE HEALTH INSUR-
 ANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA);
   C.  THE  APPROPRIATE  LEVEL  OF  TRAINING OR LICENSED PROFESSIONALS TO
 PERFORM EACH MODEL MENTAL HEALTH SCREENING VARIATION;
   D. INFORMATION REGARDING HOW TO REPORT SCREENING RESULTS TO THE APPRO-
 PRIATE AGENCIES;
   E. RECOMMENDATIONS FOR INCORPORATING  SUCH  MENTAL  HEALTH  SCREENINGS
 INTO HEALTH EXAMINATIONS PERFORMED BY OTHER HEALTH PROFESSIONALS;
   F.  SIGNS  AND  SYMPTOMS  OF  MENTAL ILLNESSES THAT ARE MOST PREVALENT
 AMONG THE STUDENT POPULATION IN NEW YORK; AND
   G. RESOURCES TO PROVIDE TO THOSE  STUDENTS  WHO  MAY  NEED  ACCESS  TO
 FURTHER  MENTAL  HEALTH  TREATMENT  AT THE CONCLUSION OF A SCREENING, AS
 DECIDED BY THE HEALTH OFFICIAL ADMINISTERING SUCH SCREENING.
   5. THE COMMISSIONER SHALL MAKE THE MODEL MENTAL HEALTH SCREENINGS  AND
 ASSOCIATED  GUIDELINES,  AND  ANY  OTHER MATERIALS DEVELOPED PURSUANT TO
 THIS SECTION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE AND  TO
 APPROPRIATE  SCHOOL DISTRICT OFFICIALS UPON REQUEST AT NO CHARGE.  NOTH-
 ING IN THIS SECTION SHALL BE CONSTRUED  AS  TO  REQUIRE  ANY  SCHOOL  OR
 SCHOOL DISTRICT TO USE ANY SUCH MODEL MENTAL HEALTH SCREENINGS OR GUIDE-
 LINES  DEVELOPED  PURSUANT  TO  THIS  SECTION, NOR SHALL THIS SECTION BE
 CONSTRUED AS TO REQUIRE ANY SCHOOL OR SCHOOL DISTRICT TO PERFORM  MENTAL
 HEALTH SCREENINGS.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.