53A-11-605 - Definitions -- School personnel -- Medical recommendations -- Exceptions -- Penalties. - Utah Statutes

53A-11-605. Definitions -- School personnel -- Medical recommendations --Exceptions -- Penalties.
(1) As used in this section:
(a) "Health care professional" means a physician, physician assistant, nurse, dentist, ormental health therapist.
(b) "School personnel" means any school district or charter school employee, includinglicensed, part-time, contract, and nonlicensed employees.
(2) School personnel may:
(a) provide information and observations to a student's parent or guardian about thatstudent, including observations and concerns in the following areas:
(i) progress;
(ii) health and wellness;
(iii) social interactions;
(iv) behavior; or
(v) topics consistent with Subsection 53A-13-302(6);
(b) communicate information and observations between school personnel regarding achild;
(c) refer students to other appropriate school personnel and agents, consistent with localschool board or charter school policy, including referrals and communication with a schoolcounselor or other mental health professionals working within the school system;
(d) consult or use appropriate health care professionals in the event of an emergencywhile the student is at school, consistent with the student emergency information provided atstudent enrollment;
(e) exercise their authority relating to the placement within the school or readmission of achild who may be or has been suspended or expelled for a violation of Section 53A-11-904; and
(f) complete a behavioral health evaluation form if requested by a student's parent orguardian to provide information to a licensed physician.
(3) School personnel shall:
(a) report suspected child abuse consistent with Section 62A-4a-403;
(b) comply with applicable state and local health department laws, rules, and policies;and
(c) conduct evaluations and assessments consistent with the Individuals with DisabilitiesEducation Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
(4) Except as provided in Subsection (2) and Subsection (6), school personnel may not:
(a) recommend to a parent or guardian that a child take or continue to take a psychotropicmedication;
(b) require that a student take or continue to take a psychotropic medication as acondition for attending school;
(c) recommend that a parent or guardian seek or use a type of psychiatric orpsychological treatment for a child;
(d) conduct a psychiatric or behavioral health evaluation or mental health screening, test,evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with theIndividuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequentamendments; or
(e) make a child abuse or neglect report to authorities, including the Division of Child

and Family Services, solely or primarily on the basis that a parent or guardian refuses to consentto:
(i) a psychiatric, psychological, or behavioral treatment for a child, including theadministration of a psychotropic medication to a child; or
(ii) a psychiatric or behavioral health evaluation of a child.
(5) Notwithstanding Subsection (4)(e), school personnel may make a report that wouldotherwise be prohibited under Subsection (4)(e) if failure to take the action described underSubsection (4)(e) would present a serious, imminent risk to the child's safety or the safety ofothers.
(6) Notwithstanding Subsection (4), a school counselor or other mental healthprofessional acting in accordance with Title 58, Chapter 60, Mental Health Professional PracticeAct, or licensed through the State Board of Education, working within the school system may:
(a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
(b) recommend, but not require, psychiatric, psychological, or behavioral treatment for achild;
(c) conduct a psychiatric or behavioral health evaluation or mental health screening, test,evaluation, or assessment of a child in accordance with Section 53A-13-302; and
(d) provide to a parent or guardian, upon the specific request of the parent or guardian, alist of three or more health care professionals or providers, including licensed physicians,psychologists, or other health specialists.
(7) Local school boards or charter schools shall adopt a policy:
(a) providing for training of appropriate school personnel on the provisions of thissection; and
(b) indicating that an intentional violation of this section is cause for disciplinary actionconsistent with local school board or charter school policy and under Section 53A-8-104.
(8) Nothing in this section shall be interpreted as discouraging general communicationnot prohibited by this section between school personnel and a student's parent or guardian.

Enacted by Chapter 111, 2007 General Session