SB2184

SECTION 1. The legislature finds that there is an urgent and growing mental health crisis among youth in the United States. According to the Centers for Disease Control and Prevention (CDC), rates of depressive symptoms and suicidal thoughts among students have increased significantly in recent years. In the State, this crisis is made worse by the shortage of mental health professionals, limiting access to timely and consistent care. The legislature further finds that telehealth has emerged as an effective and accessible means of delivering mental health services, particularly for youth in underserved or remote areas.

The legislature notes, however, that despite telehealth's proven benefits, the use of telehealth services among youth has declined from 18.3 per cent in 2021 to 14.2 per cent in 2023, as reported by the CDC. The legislature finds that many students are unable to participate in telehealth appointments due to a lack of privacy, busy schedules, or the absence of a safe and quiet space to engage meaningfully in virtual sessions.

The legislature believes that public schools can play a vital role in addressing this barrier. By providing a private and safe space, public schools can help ensure that students are not denied access to essential telehealth services.

Accordingly, the purpose of this Act is to:

(1) Require the department of education, in consultation with the department of health, to develop and distribute to each public middle and high school in the State guidelines for the establishment and operation of safe spaces for students to access telehealth services on school property during normal school hours; and

(2) Require each public middle and high school to establish and maintain a safe space for students according to the guidelines.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"302A- Telehealth services on school property; safe spaces for students. (a) No later than December 31, 2026, the department, in consultation with the department of health, shall develop and distribute to each public middle and high school in the state guidelines for the establishment and operation of safe spaces for students to access telehealth services on school property during normal school hours on the same basis as students are permitted to schedule and participate in school counseling services. The guidelines shall include recommended standards for:

(1) Equity and prioritization of access to safe spaces;

(2) Staffing and supervision, including training;

(3) Student and parental rights and responsibilities, including student privacy, informed consent, parental consent, and communications with parents;

(4) School system rights and responsibilities;

(5) Roles and responsibilities of health care providers providing telehealth services, including informed consent, collection of medical history and insurance information, follow-up care, and patient communications;

(6) The roles and responsibilities of school nurses and other school-based health, behavioral health, and other support personnel;

(7) Telehealth services related to a student's individualized education program or section 504 plan;

(8) Protocols to provide in-person support if telehealth appointments create a challenge to a student returning to class, especially relating to mental health counseling or treatment;

(9) Protocols for missed instruction due to standing or consistently scheduled appointments;

(10) Operational details, including coordination of services, approval and verification of appointments, including appointments without parental knowledge or consent, school resource allocation, and use of treatment space;

(11) School system, parent, and health care provider liability;

(12) Health insurance, including medicaid;

(13) Physical requirements for safe spaces in school buildings, which shall include:

(A) Privacy sufficient to allow for confidential conversations between a student and a health care provider; and

(B) Internet access and equipment necessary to accommodate telehealth services; and

(14) Any other issues determined relevant by the department or the department of health.

(b) Before the start of the 2027-2028 school year, each public middle and high school in the State shall establish and maintain a safe space in accordance with the guidelines issued by the department.

(1) Require a school to construct an addition or new space to a school building to provide a private space to comply with the student telehealth policy required under this section; or

(2) Limit or replace other student support programs, counseling services, or health services provided by the department.

(d) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(e) For the purposes of this section, "telehealth" has the same meaning as defined in section 431:10A-116.3."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2184
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII