This section lets a school district offer telemedicine mental health services to students if the consortium makes them available, but it imposes consent and records-sharing limits.
Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH TELEMEDICINE. (a) In this section: (1) "Consortium" means the Texas Child Mental Health Care Consortium established under Chapter 113, Health and Safety Code. (2) "Program" means the Texas Child Health Access through Telemedicine program operated by the consortium. (b) If the consortium makes available mental health services to a school district through the program, the district may offer to each student enrolled in the district access to those mental health services. (c) A school district may not: (1) refer to the program a student who is younger than 18 years of age unless the district obtains consent from the parent or legal guardian of the student; (2) require a student to participate in any service provided under Subsection (b); or (3) allow a student who is younger than 18 years of age to participate in any component of the program that involves mental health education or screening unless the program has obtained signed written consent from the student's parent or legal guardian. (d) The program must obtain written consent from the parent or legal guardian of a student as required by Section 113.0152, Health and Safety Code, before providing to the student a mental health service under this section. (e) The Texas Child Health Access through Telemedicine program is not considered a "school official with a legitimate educational interest" for purposes of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). A school district may not share records relating to a student with the program unless the district obtains written consent from the student, or the parent or legal guardian of the student, if the student is younger than 18 years of age. (f) The program shall maintain, provide to each school district at which the program is available, and post quarterly on the consortium's Internet website: (1) a list of health providers to which the program refers participants; and (2) the process used by the program in vetting providers described by Subdivision (1). Added by Acts 2025, 89th Leg., R.S., Ch. 1066 (H.B. 6), Sec. 19, eff. June 20, 2025.