1. 1. A mental health professional who provides services via telehealth in a public school, an accredited nonpublic school, or an area education agency shall establish a valid provider-patient relationship with the student who receives telehealth services.

2. 2. The provider-patient relationship commences when all of the following conditions are met:

   1. a. The student with the health-related matter with the consent of the student’s parent or guardian seeks assistance from a mental health professional.
   2. b. The mental health professional agrees to undertake diagnosis and treatment of the student.
   3. c. The student’s parent or guardian agrees to have the student treated by the mental health professional.

3. 3. A valid provider-patient relationship may be established through any of the following means:

   1. a. Through an in-person encounter which includes an in-person medical interview and physical examination conducted under the standard of care required for an in-person encounter.
   2. b. Through consultation with a primary care provider who has an established relationship with the patient and who agrees to participate in or supervise the patient’s care.
   3. c. Through telehealth, if the standard of care does not require an in-person encounter, in accordance with evidence-based standards of practice and telehealth practice guidelines that address the clinical and technological aspects of telehealth, and the student’s parent or guardian is present.
4. 4. The parent or guardian of a student shall consent prior to the student receiving behavioral health services via telehealth under this chapter after a provider-patient relationship is established pursuant to this section. The school district shall maintain any such consent form completed by a parent or guardian.

2020 Acts, ch 1105, §3