Session: 2023-2024
ACLU-PA Position: Opposes
SB 913 (PN 1788) would create the Virtual Mental Health in Schools Act to require parental consent for virtual mental health services provided by, or in coordination with, a school entity. Specifically, SB 913 would:
- Establish requirements for school entities (public, charter, cyber charter, private, nonpublic, intermediate unit, and technical schools) in Pennsylvania to obtain parental consent before providing or coordinating virtual mental health services for students under 18 years old.
- Define "virtual mental health services" as web-based services that include access to online peer support communities, counseling or mental health support from individuals who are not licensed mental health professionals in Pennsylvania, and behavioral health support from artificial intelligence.
- Require a school entity that provides or coordinates virtual mental health services to create a form containing: (1) a summary of the scope of virtual mental health services available; (2) an area for parents or guardians to provide consent; and (3) any other information the school deems necessary.
- Require a school entity providing virtual mental health services to annually obtain a completed form with the consent of the parent or guardian of a student who is under 18 years of age prior to providing or coordinating virtual mental health services to the student.
- Prohibit a school entity from providing or coordinating any virtual mental health services for a student whose parent or guardian has not provided consent.
- Clarify that the act does not authorize the unlicensed practice of mental health services or grant immunity from criminal or civil penalties.
Under current law, whether virtual or in-person, therapists must have the appropriate certifications to treat youth. SB 913 does not address any real or perceived problems or loopholes with therapist qualifications. Instead, this bill places obstacles in the path of mental health support when teens are at an increased risk for mental health issues at a time when there aren't enough therapists in our schools or communities to adequately meet their needs.
Rather than establishing "appropriate safeguards", SB 913 is a thinly veiled attempt to circumvent existing laws that give 14+ year olds autonomy over their own care.
Check the bill's status here.
