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