| 1 | 1 | | 25 LC 49 2179 |
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| 2 | 2 | | House Bill 554 |
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| 3 | 3 | | By: Representatives Townsend of the 179 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Jones of the 25 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Erwin of the 32 |
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| 8 | 8 | | nd |
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| 9 | 9 | | , Ballard of |
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| 10 | 10 | | the 147 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Glaize of the 67 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Annotated, relating to health of students, so as to enact the "APEX Now Program"; to2 |
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| 20 | 20 | | provide support for mental health services to students and school personnel experiencing3 |
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| 21 | 21 | | incidents of violence, threats of violence, natural disasters, and other crisis situations; to4 |
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| 22 | 22 | | provide for such program to be established within the Department of Behavioral Health and5 |
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| 23 | 23 | | Developmental Disabilities; to provide for the development and promulgation of a mental6 |
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| 24 | 24 | | health crisis plan; to provide for a 24 hour online and telephonic hotline; to provide for7 |
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| 25 | 25 | | prospective parental consent; to provide for contracting for services; to provide for liability;8 |
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| 26 | 26 | | to provide for funding; to provide for rules and regulations; to provide for definitions; to9 |
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| 27 | 27 | | provide for related matters; to repeal conflicting laws; and for other purposes.10 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | 29 | | SECTION 1.12 |
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| 30 | 30 | | Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,13 |
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| 31 | 31 | | relating to health of students, is amended by adding a new Code section read as follows:14 |
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| 32 | 32 | | "20-2-779.5. |
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| 33 | 33 | | 15 |
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| 34 | 34 | | (a) This Code section shall be known and may be cited as the 'APEX Now Program.'16 |
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| 35 | 35 | | H. B. 554 |
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| 36 | 36 | | - 1 - 25 LC 49 2179 |
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| 37 | 37 | | (b) As used in this Code section, the term:17 |
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| 38 | 38 | | (1) 'Department' means the Department of Behavioral Health and Developmental18 |
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| 39 | 39 | | Disabilities.19 |
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| 40 | 40 | | (2) 'Local education agency' shall have the same meaning as set forth in Code Section20 |
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| 41 | 41 | | 20-2-167.1.21 |
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| 42 | 42 | | (3) 'Parent' means a biological parent, legal guardian, custodian, or other person with22 |
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| 43 | 43 | | legal authority to act on behalf of a child.23 |
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| 44 | 44 | | (4) 'Program' means the APEX Now Program provided for in this Code section.24 |
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| 45 | 45 | | (5) 'School personnel' means one or more individuals employed by a local education25 |
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| 46 | 46 | | agency.26 |
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| 47 | 47 | | (c) There is established within the department the APEX Now Program, which shall27 |
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| 48 | 48 | | provide support for mental health services to students and school personnel experiencing28 |
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| 49 | 49 | | incidents of violence, threats of violence, natural disasters, and other crisis situations and29 |
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| 50 | 50 | | for other purposes provided for in this Code section.30 |
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| 51 | 51 | | (d)(1) The department and the Department of Education shall jointly develop a mental31 |
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| 52 | 52 | | health crisis plan to rapidly provide mental health services to students experiencing32 |
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| 53 | 53 | | incidents of violence, threats of violence, natural disasters, or other crisis situations. Such33 |
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| 54 | 54 | | mental health crisis plan shall include provisions for:34 |
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| 55 | 55 | | (A) The designation of a team of individuals to serve as lead coordinators for the35 |
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| 56 | 56 | | deployment of mental health services in a crisis situation, and one individual to serve36 |
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| 57 | 57 | | as the primary leader of such team;37 |
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| 58 | 58 | | (B) Recommendations to make available sufficient mental health workers licensed in38 |
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| 59 | 59 | | this state to meet crisis needs for students, and a plan to deploy such mental health39 |
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| 60 | 60 | | workers when and where needed in a crisis situation; and40 |
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| 61 | 61 | | (C) Training that selected school personnel should receive to serve as mental health41 |
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| 62 | 62 | | first responders in the event of a crisis.42 |
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| 63 | 63 | | H. B. 554 |
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| 64 | 64 | | - 2 - 25 LC 49 2179 |
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| 65 | 65 | | (2) The department and the Department of Education shall be authorized to engage with43 |
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| 66 | 66 | | the Southern Regional Education Board to facilitate and support the development of the44 |
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| 67 | 67 | | mental health crisis plan.45 |
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| 68 | 68 | | (3) By January 1, 2026, the mental health crisis plan shall be made available to all local46 |
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| 69 | 69 | | education agencies in this state and the chairpersons of the House Committee on47 |
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| 70 | 70 | | Education and the Senate Education and Youth Committee.48 |
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| 71 | 71 | | (e)(1) The department shall establish an online and telephonic hotline that shall be49 |
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| 72 | 72 | | available at all times:50 |
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| 73 | 73 | | (A) To any school personnel in this state to refer a student for mental health evaluation51 |
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| 74 | 74 | | and treatment services; and52 |
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| 75 | 75 | | (B) To any students and school personnel in this state to report any risk of suicide or53 |
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| 76 | 76 | | threats of violence or actual violence for referral to the appropriate educational and law54 |
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| 77 | 77 | | enforcement authorities.55 |
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| 78 | 78 | | (2) The role of the hotline shall be limited to coordinating the provision of mental health56 |
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| 79 | 79 | | evaluation and treatment services and for making referrals to appropriate educational and57 |
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| 80 | 80 | | law enforcement authorities. The hotline shall not provide mental health evaluation or58 |
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| 81 | 81 | | treatment services.59 |
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| 82 | 82 | | (3)(A) Reports to the hotline by students shall be accepted anonymously, and the60 |
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| 83 | 83 | | department shall not record any personally identifiable information from students.61 |
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| 84 | 84 | | (B) The department shall be authorized to record personally identifiable information62 |
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| 85 | 85 | | from school personnel for the exclusive purpose of facilitating appropriate follow-up63 |
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| 86 | 86 | | efforts.64 |
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| 87 | 87 | | (4) The department is authorized to develop promotional materials, training programs,65 |
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| 88 | 88 | | and curricula to be used in training students and school personnel to recognize and report66 |
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| 89 | 89 | | severe mental illness and to provide such materials, programs, and curricula to local67 |
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| 90 | 90 | | education agencies.68 |
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| 91 | 91 | | H. B. 554 |
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| 92 | 92 | | - 3 - 25 LC 49 2179 |
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| 93 | 93 | | (f)(1) Students referred for mental health evaluation or treatment services under this69 |
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| 94 | 94 | | Code section shall be provided the opportunity to consult with an authorized mental70 |
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| 95 | 95 | | health professional within 24 hours of any such referral designated as urgent or within71 |
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| 96 | 96 | | five business days for any such referral designated as nonurgent.72 |
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| 97 | 97 | | (2) Local education agencies shall be authorized to designate a preferred provider to73 |
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| 98 | 98 | | consult with students referred for mental health evaluation or treatment services under74 |
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| 99 | 99 | | this Code section, and such referrals shall be made first to such preferred provider, who75 |
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| 100 | 100 | | may provide services to the student in person or via telehealth. If the preferred provider76 |
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| 101 | 101 | | is unable to consult with the student within the time provided by this subsection, the77 |
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| 102 | 102 | | department shall refer the student to a provider selected pursuant to this Code section who78 |
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| 103 | 103 | | is able to do so.79 |
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| 104 | 104 | | (3) Each local education agency shall designate a contact person to serve as the primary80 |
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| 105 | 105 | | point of contact for the department in conjunction with the program. Within 24 hours of81 |
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| 106 | 106 | | any referral made as part of the program, the department shall notify the designated82 |
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| 107 | 107 | | contact person for the local education agency of such referral.83 |
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| 108 | 108 | | (g)(1) The Department of Education, in coordination with the department, shall develop84 |
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| 109 | 109 | | and make available an electronic opt-in system for parents of minor children to provide85 |
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| 110 | 110 | | prospective consent pursuant to the laws of this state for mental health evaluation and86 |
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| 111 | 111 | | treatment services provided under the program.87 |
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| 112 | 112 | | (2) At the beginning of the 2025-2026 school year and each school year thereafter, each88 |
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| 113 | 113 | | local education agency shall notify parents of the availability of such prospective consent89 |
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| 114 | 114 | | and take reasonable efforts to encourage them to complete it electronically.90 |
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| 115 | 115 | | (h) The Department of Administrative Services shall, in coordination with the department,91 |
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| 116 | 116 | | select three or more mental health telehealth providers under state-wide convenience92 |
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| 117 | 117 | | contracts to provide services pursuant to this Code section. Providers under state-wide93 |
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| 118 | 118 | | contracts established under this subsection shall also be available to be utilized by local94 |
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| 119 | 119 | | education agencies to provide mental health services to students and school personnel. All95 |
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| 120 | 120 | | H. B. 554 |
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| 121 | 121 | | - 4 - 25 LC 49 2179 |
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| 122 | 122 | | mental health services provided pursuant to such contracts shall be provided by healthcare96 |
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| 123 | 123 | | professionals licensed to provide such services under the laws of this state. The factors97 |
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| 124 | 124 | | used to select such mental health services providers shall include, but shall not be limited98 |
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| 125 | 125 | | to:99 |
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| 126 | 126 | | (1) A demonstrated ability to maximize payment for services from commercial insurers100 |
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| 127 | 127 | | and other third parties;101 |
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| 128 | 128 | | (2) Sufficient staffing to provide services on a state-wide basis as needed using102 |
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| 129 | 129 | | physicians, nurses, licensed professional counselors, or licensed social workers with103 |
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| 130 | 130 | | specific training in providing mental health services;104 |
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| 131 | 131 | | (3) The ability to provide services in a language fluently spoken by the student or school105 |
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| 132 | 132 | | personnel receiving such services;106 |
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| 133 | 133 | | (4) A demonstrated record of providing mental health telehealth services in elementary107 |
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| 134 | 134 | | and secondary school settings;108 |
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| 135 | 135 | | (5) Ability to use information technology to track services provided and outcomes for109 |
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| 136 | 136 | | program evaluation purposes;110 |
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| 137 | 137 | | (6) A financial model that allows the provider to serve all students, regardless of whether111 |
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| 138 | 138 | | they make a copayment or have third-party insurance coverage; and112 |
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| 139 | 139 | | (7) The flexibility to work both in an augmentation role providing additional capacity to113 |
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| 140 | 140 | | local education agencies with in-person mental health services resources and in serving114 |
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| 141 | 141 | | as a lead mental health services provider for a local education agency.115 |
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| 142 | 142 | | (i)(1) Any person or persons participating in the making of a referral pursuant to this116 |
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| 143 | 143 | | Code section or participating in any judicial proceeding or any other proceeding resulting117 |
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| 144 | 144 | | therefrom shall in so doing be immune from any civil or criminal liability that might118 |
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| 145 | 145 | | otherwise be incurred or imposed, provided that such participation pursuant to this Code119 |
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| 146 | 146 | | section or any other law is made in good faith.120 |
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| 147 | 147 | | H. B. 554 |
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| 148 | 148 | | - 5 - 25 LC 49 2179 |
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| 149 | 149 | | (2) No school personnel making a referral in good faith under this Code section shall be121 |
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| 150 | 150 | | subject to adverse employment consequences, disciplinary action, or retaliation in any122 |
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| 151 | 151 | | form by a local education agency.123 |
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| 152 | 152 | | (j) Funds appropriated for the program may be expended for the following purposes, in124 |
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| 153 | 153 | | addition to the general administration of the program, provided that such funds shall not125 |
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| 154 | 154 | | be used to reimburse any person for copayments required by a commercial insurance126 |
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| 155 | 155 | | policy:127 |
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| 156 | 156 | | (1) Purchasing equipment for the provision of mental health services by local education128 |
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| 157 | 157 | | agencies;129 |
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| 158 | 158 | | (2) Reimbursing providers for mental health services provided to students who do not130 |
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| 159 | 159 | | have coverage under government or private policies; and131 |
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| 160 | 160 | | (3) Training staff and teachers on the program and related technology.132 |
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| 161 | 161 | | (k) The department and the Department of Education shall adopt rules and regulations to133 |
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| 162 | 162 | | implement the provisions of this Code section."134 |
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| 163 | 163 | | SECTION 2.135 |
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| 164 | 164 | | All laws and parts of laws in conflict with this Act are repealed.136 |
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| 165 | 165 | | H. B. 554 |
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| 166 | 166 | | - 6 - |
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