§173. Behavioral health services for students

            A.(1) A public school governing authority shall not prohibit a behavioral health provider from providing medically necessary behavioral health services authorized by an independent third-party payor, including but not limited to Medicaid and commercial insurance, to a student at school during school hours if the student's parent or legal guardian requests such services from the provider.

            (2) Each public school governing authority shall adopt and make available to the public a policy to implement the provisions of this Section. The policy shall not create onerous requirements for behavioral health providers resulting in a delay or barrier to the provision of medically necessary services. The policy, at a minimum, shall provide that:

            (a) A behavioral health provider who provides services pursuant to this Section shall maintain general liability insurance coverage in an amount not less than one million dollars per occurrence and one million dollars per aggregate and provide a certificate of insurance naming the public school as the certificate holder.

            (b) No person who has been convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C) shall be permitted to provide behavioral health services to a student at school during school hours. Prior to providing services as provided in this Section, a behavioral health provider shall complete a criminal background check conducted by the Louisiana State Police and shall pay all related costs. However, applied behavior analysis providers who are licensed, certified, or registered by the Louisiana Behavior Analyst Board, who provide documentation of having passed a criminal background check conducted by the Louisiana State Police, and who are in good standing with the board shall not be required by a public school governing authority to complete an additional criminal background check in order to begin providing behavioral health services at a school.

            (c) Behavioral health services shall be permitted during school hours if the student's parent or legal guardian presents a behavioral health evaluation performed by an evaluator as well as an assessment and authorized treatment plan performed by a behavioral health provider chosen by the parent or legal guardian and the evaluation indicates that the services are necessary during school hours to assist the student with behavioral health impairments associated with a medical diagnosis that the evaluator determines are interfering with the student's ability to thrive in the educational setting.

            (d) A behavioral health evaluation or assessment presented by the parent or legal guardian of a student shall not be construed as an independent educational evaluation for purposes of determining if a student meets the criteria established for eligibility for special education and related services.

            (e) A public school governing authority shall not prohibit a behavioral health evaluation, assessment, or authorized treatment plan from being performed on school property in order to establish medical necessity or deliver medically necessary services. Behavioral health services may be provided during any part of the school day, including any and all instructional time in English, reading, mathematics, and science. The school administrator and service provider shall work collaboratively to create a consistent schedule that meets the medical needs of the student and complies with the provider's ethical code of conduct. In developing the student's plan, consideration shall include impacts on a school's operations and a student's testing schedule. If the parties cannot agree, then the parties shall engage in a dispute resolution process set forth by the state Department of Education in accordance with Subsection D of this Section.

            (f) A public school governing authority shall not enter into a contract or an exclusive agreement with a behavioral health provider that prohibits the parent or legal guardian from choosing the behavioral health provider for the student. However the provisions of this Subparagraph shall not impair any extant contract on the effective date of this Section, or the renewal thereof.

            (g) The cost of all behavioral health services provided to a student shall be the sole responsibility of the parent or legal guardian, individually or through an applicable health insurance policy, Medicaid, or other third-party payor, other than the public school governing authority, that has made funds available for the payment for the services provided.

            (h) While on a school campus, a behavioral service provider shall comply with, and abide by, the terms of any Individualized Education Plan, Individualized Accommodation Plan, Section 504 Plan, Behavior Management Plan, or Individualized Health Plan applicable to a student who is a patient of the provider. The services furnished by a provider shall be incorporated into a written treatment plan applicable to a student.

            (i) The parent or legal guardian of a student receiving services from a behavioral service provider shall be required to execute a "consent to release information form" between the provider and the public school governing authority.

            (j) A public school governing authority shall establish reporting requirements for a behavioral health provider related to the student's progress and student and school safety concerns as related to the student's educational program.

            (k) A public school governing authority may establish sanctions, including termination of a provider's authorization to provide services on any school campus, against a behavioral health provider for failure to comply with the governing authority's policy.

            (3) The failure of a public school governing authority to adopt a policy shall not be cause to prohibit the provision of behavioral health services to a student as provided in this Section.

            (4) Any behavioral health evaluation, assessment, or treatment plan administered by a public school governing authority shall not supercede the behavioral health evaluation, assessment, or treatment plan provided by an independent behavioral health provider of a student's parent's choosing.

            (5) Any applied behavior analysis services provided by a governing authority as provided in this Section shall be delivered either by behavioral health providers licensed, certified, or registered by the Louisiana Behavior Analyst Board in accordance with R.S. 37:3701 et seq. or behavioral health providers providing services in accordance with R.S. 37:3715.

            (6) The State Board of Elementary and Secondary Education shall promulgate rules in accordance with the Administrative Procedure Act as necessary for the implementation of this Subsection.

            B. For purposes of this Section, the following terms shall have the following meanings:

            (1) "Applied behavior analysis provider" shall mean a provider who is licensed, certified, or registered by the Louisiana Behavior Analyst Board and is in good standing to provide applied behavior analysis services.

            (2) "Applied behavior analysis services" shall include the design, implementation, and evaluation of systematic instructional and environmental modifications by an applied behavior analysis provider to produce socially significant improvements in behavior as described in the Behavior Analyst Practice Act.

            (3) "Behavioral health evaluation" shall include but not be limited to the following criteria:

            (a) Diagnosis.

            (b) Type of intervention.

            (c) Length of intervention.

            (d) Identification of a student's goals.

            (e) Identification of impact of student behavior on a student's educational program.

            (f) Recommendations for applied behavior analysis services.

            (4) "Behavioral health provider" shall mean a provider who is licensed by the Louisiana Department of Health or a health profession licensing board and is in good standing to provide behavioral health services in Louisiana including but not limited to a psychiatrist, psychologist, medical psychologist, licensed specialist in school psychology, marriage and family therapist, professional counselor, clinical social worker, applied behavior analysis provider, or a behavioral health provider organization licensed to provide behavioral health services in Louisiana.

            (5) "Behavioral health services" shall include but not be limited to individual psychotherapy, family psychotherapy, psychotropic medication management, community psychiatric support and treatment, crisis intervention, and medically necessary applied behavior analysis services.

            (6) "Evaluator" shall mean a licensed psychiatrist, psychologist, medical psychologist, licensed specialist in school psychology, professional counselor, marriage and family therapist, clinical social worker, or applied behavior analysis provider who is certified by the respective board of examiners in Louisiana to provide necessary evaluations and who is not an employee of the public school governing authority or the state Department of Education.

            (7) "Independent third-party payor" means an individual who serves as a case reviewer for Medicaid or commercial insurers.

            (8) "Medically necessary services" means services that meet the following requirements:

            (a) Provided for the diagnosis, treatment, cure, or relief of a health condition, illness, injury, or disease.

            (b) Except for clinical trials that are described within the policy, not for experimental, investigational, or cosmetic purposes.

            (c) Within the generally accepted standards of medical care in the community.

            (d) Not solely for the convenience of the insured, the insured's family, or the provider.

            C. Nothing in this Section shall be construed to supersede any of the following:

            (1) The authority of a student's Individualized Education Program team or Section 504 committee to determine appropriate services for a student pursuant to applicable federal and state law.

            (2) The provisions of the Behavioral Health Services Provider Licensing Law or any regulation promulgated by the Louisiana Department of Health pursuant to that law.

            (3) The provisions of the Behavior Analyst Practice Act.

            D. The State Board of Elementary and Secondary Education shall adopt rules for the implementation of this Section and provide for a dispute resolution process relative to the services provided pursuant to this Section according to guidelines established by the state Department of Education.

            Acts 2018, No. 696, §1; Acts 2019, No. 117, §1; Acts 2024, No. 198, §1; Acts 2024, No. 745, §1, eff. June 19, 2024.