SB 631 — An Act providing for parental consent for virtual mental health services provided by a school entity.

PRINTER'S NO.   635

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 631
                                                Session of
                                                  2025

     INTRODUCED BY LANGERHOLC, PHILLIPS-HILL, ARGALL, PENNYCUICK,
        HUTCHINSON, BAKER, J. WARD, STEFANO, DUSH, GEBHARD, BROWN,
        ROTHMAN AND MASTRIANO, APRIL 11, 2025

     REFERRED TO EDUCATION, APRIL 11, 2025


                                     AN ACT
 1   Providing for parental consent for virtual mental health
 2      services provided by a school entity.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Virtual
 7   Mental Health in Schools Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Artificial intelligence."
13          (1)   A machine-based system that can, for a given set of
14      human-defined objectives, make predictions, recommendations
15      or decisions influencing real or virtual environments,
16      including the ability to:
17                (i)   perceive real and virtual environments;
 1                (ii)    abstract perceptions made under subparagraph
 2          (i) into models through analysis in an automated manner;
 3          and
 4                (iii)    use model inference to formulate options for
 5          information or action based on outcomes under
 6          subparagraphs (i) and (ii).
 7          (2)   The term includes generative artificial
 8      intelligence.
 9      "Qualified professional."     A mental health professional with
10   a graduate degree and licensed under any of the following:
11          (1)   The act of May 22, 1951 (P.L.317, No.69), known as
12      The Professional Nursing Law, as a certified registered nurse
13      practitioner with a clinical specialty in mental health.
14          (2)   The act of March 23, 1972 (P.L.136, No.52), known as
15      the Professional Psychologists Practice Act.
16          (3)   The act of October 5, 1978 (P.L.1109, No.261), known
17      as the Osteopathic Medical Practice Act, as a physician or
18      physician assistant with clinical experience in mental
19      health.
20          (4)   The act of December 20, 1985 (P.L.457, No.112),
21      known as the Medical Practice Act of 1985, as a physician or
22      physician assistant with clinical experience in mental
23      health.
24          (5)   The act of July 9, 1987 (P.L.220, No.39), known as
25      the Social Workers, Marriage and Family Therapists and
26      Professional Counselors Act.
27      "School entity."     A public school, including a charter school
28   or cyber charter school, private school, nonpublic school,
29   intermediate unit or area career and technical school operating
30   within this Commonwealth.

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 1      "Virtual mental health services."      Web-based services that
 2   include any of the following:
 3             (1)   Access to an online peer support community.
 4             (2)   Counseling or mental health support provided by an
 5      individual who is not a qualified professional located in
 6      this Commonwealth.
 7             (3)   Behavioral health support provided by artificial
 8      intelligence.
 9   Section 3.      Parental consent to virtual mental health services
10                   provided by a school entity.
11      (a)    Applicability.--This act applies to all virtual mental
12   health services provided by or in coordination with a school
13   entity.
14      (b)    Form requirements.--The school entity shall create a
15   form for obtaining virtual mental health services, which shall
16   contain the following:
17             (1)   A summary and scope of the virtual mental health
18      services available.
19             (2)   An area for parents or guardians to provide consent.
20             (3)   Any other information the school entity deems
21      necessary.
22      (c)    Obtaining consent.--Notwithstanding section 1.1(2) of
23   the act of February 13, 1970 (P.L.19, No.10), entitled "An act
24   enabling certain minors to consent to medical, dental and health
25   services, declaring consent unnecessary under certain
26   circumstances," or any other provision of law or regulation, a
27   school entity providing or coordinating virtual mental health
28   services shall annually obtain a completed form with the consent
29   of the parent or guardian of a student who is under 18 years of
30   age prior to providing or coordinating virtual mental health

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 1   services to the student.
 2      (d)     Consent required.--A school entity may not provide or
 3   coordinate any virtual mental health services for a student
 4   whose parent or guardian has not provided consent under this
 5   section.
 6   Section 4.    Construction.
 7      This act shall not be construed to authorize practice of, or
 8   grant immunity from criminal or civil penalty to, an individual
 9   who is not a qualified professional who engages in a course of
10   conduct in this Commonwealth that is in violation of a relevant
11   provision of law, rule or regulation.
12   Section 5.    Effective date.
13      This act shall take effect July 1, 2025, or immediately,
14   whichever is later.




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