NMHA Issue Update: March 28, 2005

State Trends: Legislation Prohibits Mental Health Screening for Children

Since January, an increasing number of states have introduced legislation that prohibits mental health screening of children in schools and limits the ability of school personnel to make recommendations or even have dialogue with parents about behavioral health issues. Ten states have proposed such legislation: Alaska, Florida, Georgia, New Mexico, New Hampshire, New York, Pennsylvania, Tennessee, Utah and Vermont. UT HB 42 which sought to in part prohibit school personnel from making certain medical recommendations for a minor, including the use of psychotropic drugs, was recently vetoed by the Governor.
(Click to see a map of the legislation and summary of other states legislation PDF)

Example of sample troubling language
From Alaska SB 48

That school personnel may not …conduct a psychiatric or behavioral health evaluation of a child; recommend a specific licensed physician, psychologist, or other health specialist to a parent or guardian for a child; make recommendations that a parent or guardian seek or use any of the following:

  • the administration of a psychotropic medication to a child;
  • a psychiatric or psychological treatment for a child; or
  • a psychiatric evaluation of a child
NMHA is very concerned with this type of proposed legislation because of the potential effect on access to preventive care and early intervention for children with mental health needs. Moreover, this type of legislation is often backed by powerful groups that argue that mental illness and mental health diagnoses do not exist and do not require treatment. With statistics showing that mental health problems affect one in every five young people at any given time and that an estimated two-thirds of all young people with mental health problems are not getting the help they need, the enactment of this type of legislation could have further negative impact on children with mental illness.1

The President’s New Freedom Commission on Mental Health addressed disparities in services in what it called a…”mental health delivery system is fragmented and in disarray” by proposing in its Goal 4 that “In a transformed mental health system, the early detection of mental health problems in children and adults - through routine and comprehensive testing and screening - will be an expected and typical occurrence.” The report added a further recommendation that “Quality screening and early intervention will occur in both readily accessible, low-stigma settings, such as primary health care facilities and schools, and in settings in which a high level of risk exists for mental health problems, such as criminal justice, juvenile justice, and child welfare systems.” 2

The proposed legislation clearly targets early intervention and fosters stigma around behavioral health disorders in children. NMHA is developing tools such as legislative language and media pieces to assist MHAs in fighting such bills. NMHA is committed to advancing the agenda for promotion of sound public policy for children’s mental health. Below are materials that address the importance of access to comprehensive mental health services for children:

NMHA is including with this issue alert media talking points, a sample letter to the editor, and a sample press release (MS Word). NMHA recommends that states facing this legislation utilize these materials to do the following:

  • Apprise fellow stakeholders and coalition members of this legislation.
  • Inform local education agencies and associations that we are tracking this legislation and identify opportunities for collaboration.
  • Determine which policymakers are chairs of committees that will be addressing this legislation and communicate with them about our concerns using the media talking points, the NMHA position statements, or the NMHA investment in children’s mental health services brochure.
  • When appropriate, adapt NMHA media materials to your local situation and to publicize your commitment to children’s mental health issues.

As a parent of a son with attention deficit disorder, Utah’s Governor Huntsman underscored that the recently vetoed HB 42 could "have a chilling effect on communication between parents and teachers."

NMHA is committed to addressing this issue and to this end, is currently developing a policy position statement around mental health screenings for children in schools. We will continue to update the MHA field about this issue. If you have further needs, questions, or concerns, please feel free to contact Julio Fonseca at 703-837-3367 or jfonseca@nmha.org.

 

1. U.S. Department of Health and Human Services. Mental Health: A Report of the Surgeon General. Rockville, MD: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, National Institutes of Health, National Institute of Health, 1999.

2. New Freedom Commission on Mental Health, Achieving the Promise: Transforming Mental Health Care in America. Final Report. DHHS Pub. No. SMA-03-3832. Rockville, MD: 2003.

 

 

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