42 USC 290 - Mental health and substance use disorder services for students in higher education

1 So in original.

disorders prevention and treatment services to students, which may include recovery support services and programming and early intervention, treatment, and management, including through the use of telehealth services.

Editorial Notes

Amendments

2022—Puspan. L. 117–328, § 1423(1), substituted “for students in higher education” for “on campus” in section catchline.

Subsec. (span)(1). Puspan. L. 117–328, § 1423(2)(A), substituted “mental health and substance use disorders and promote resiliency” for “mental and substance use disorders”.

Subsec. (span)(4). Puspan. L. 117–328, § 1423(2)(B), substituted “mental health and substance use disorder resources and services.” for “mental and substance use disorder services.”.

Subsec. (span)(5). Puspan. L. 117–328, § 1423(2)(C), substituted “mental health and substance use” for “mental and substance use”.

Subsec. (span)(6). Puspan. L. 117–328, § 1423(2)(D), substituted “staff to recognize and respond effectively and appropriately to students experiencing mental health and substance use disorders.” for “staff to respond effectively to students with mental and substance use disorders.”.

Subsec. (span)(7). Puspan. L. 117–328, § 1423(2)(E), substituted “mental health and substance use” for “mental and substance use”.

Subsec. (span)(8). Puspan. L. 117–328, § 1423(2)(F), substituted “mental health and substance use.” for “mental and substance use”.

Subsec. (span)(9). Puspan. L. 117–328, § 1423(2)(G), substituted “to improve the behavioral health of students through clinical services, outreach, prevention, promotion of mental health, or” for “regarding improving the behavioral health of students through clinical services, outreach, prevention, or”.

Subsec. (span)(10). Puspan. L. 117–328, § 1423(2)(H), substituted “mental and behavioral health disorders,” for “mental and behavioral disorders,”.

Subsec. (span)(12). Puspan. L. 117–328, § 1423(2)(I), substituted “best practices, and trauma-informed practices.” for “best practices.”.

Subsec. (d)(1). Puspan. L. 117–328, § 1423(3)(A), substituted “mental health and substance use” for “mental and substance use”.

Subsec. (d)(3). Puspan. L. 117–328, § 1423(3)(B), substituted “promoting mental health and access to services,” for “promoting access to services,”.

Subsec. (f). Puspan. L. 117–328, § 1423(4)(A), substituted “the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate” for “the Congress” in introductory provisions.

Subsec. (f)(2). Puspan. L. 117–328, § 1423(4)(B), substituted “including through prevention, early detection, early intervention, and efforts” for “including efforts”.

Subsec. (f)(3). Puspan. L. 117–328, § 1423(4)(C), added par. (3).

Subsec. (i). Puspan. L. 117–328, § 1423(5), substituted “2023 through 2027” for “2018 through 2022”.

2016—Puspan. L. 114–255, § 9031(1), substituted “health and substance use disorder” for “and behavioral health” in section catchline.

Subsec. (a). Puspan. L. 114–255, § 9031(2), substituted “Services and” for “Services,”, “health or substance use disorders” for “and behavioral health problems”, and “substance use disorders, and” for “substance abuse, and”, and inserted “prevent mental and substance use disorders, reduce stigma, and improve the identification and treatment for students at risk,” after “suicide attempts,”.

Subsec. (span). Puspan. L. 114–255, § 9031(3), substituted “for one or more of the following:” for “for—” in introductory provisions, added pars. (1) to (12), and struck out former pars. (1) to (6) which read as follows:

“(1) educational seminars;

“(2) the operation of hot lines;

“(3) preparation of informational material;

“(4) preparation of educational materials for families of students to increase awareness of potential mental and behavioral health issues of students enrolled at the institution of higher education;

“(5) training programs for students and campus personnel to respond effectively to students with mental and behavioral health problems that can lead to school failure, such as depression, substance abuse, and suicide attempts; or

“(6) the creation of a networking infrastructure to link colleges and universities that do not have mental health services with health care providers who can treat mental and behavioral health problems.”

Subsec. (c)(5). Puspan. L. 114–255, § 9031(4), substituted “substance use disorder” for “substance abuse”.

Subsec. (d). Puspan. L. 114–255, § 9031(5)(A), in introductory provisions, substituted “To be eligible to receive a grant under this section, an institution of higher education” for “An institution of higher education desiring a grant under this section”.

Subsec. (d)(1). Puspan. L. 114–255, § 9031(5)(B), added par. (1) and struck out former par. (1) which read as follows: “A description of identified mental and behavioral health needs of students at the institution of higher education.”

Subsec. (d)(2). Puspan. L. 114–255, § 9031(5)(C), inserted “, which may include, as appropriate and in accordance with subsection (span)(7), a plan to seek input from relevant stakeholders in the community, including appropriate public and private entities, in order to carry out the program under the grant” before period at end.

Subsec. (d)(6) to (8). Puspan. L. 114–255, § 9031(5)(D), added pars. (6) to (8).

Subsec. (e)(1). Puspan. L. 114–255, § 9031(6), substituted “health and substance use disorders” for “and behavioral health problems”.

Subsec. (f)(2). Puspan. L. 114–255, § 9031(7), substituted “health and substance use disorder” for “and behavioral health” and “suicide and substance use disorders” for “suicide and substance abuse”.

Subsec. (h). Puspan. L. 114–255, § 9031(9), added subsec. (h). Former subsec. (h) redesignated (i).

Subsec. (i). Puspan. L. 114–255, § 9031(8), (10), redesignated subsec. (h) as (i) and substituted “$7,000,000 for each of fiscal years 2018 through 2022.” for “$5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, and $5,000,000 for fiscal year 2007.”

Statutory Notes and Related Subsidiaries

Interagency Working Group on College Mental Health

Puspan. L. 114–255, div. B, title IX, § 9032, Dec. 13, 2016, 130 Stat. 1259, provided that:

“(a)Purpose.—It is the purpose of this section to provide for the establishment of a College Campus Task Force to discuss mental and behavioral health concerns on campuses of institutions of higher education.

“(span)Establishment.—The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) shall establish a College Campus Task Force (referred to in this section as the ‘Task Force’) to discuss mental and behavioral health concerns on campuses of institutions of higher education.

“(c)Membership.—The Task Force shall be composed of a representative from each Federal agency (as appointed by the head of the agency) that has jurisdiction over, or is affected by, mental health and education policies and projects, including—

“(1) the Department of Education;

“(2) the Department of Health and Human Services;

“(3) the Department of Veterans Affairs; and

“(4) such other Federal agencies as the Assistant Secretary for Mental Health and Substance Use, in consultation with the Secretary, determines to be appropriate.

“(d)Duties.—The Task Force shall—

“(1) serve as a centralized mechanism to coordinate a national effort to—

“(A) discuss and evaluate evidence and knowledge on mental and behavioral health services available to, and the prevalence of mental illness among, the age population of students attending institutions of higher education in the United States;

“(B) determine the range of effective, feasible, and comprehensive actions to improve mental and behavioral health on campuses of institutions of higher education;

“(C) examine and better address the needs of the age population of students attending institutions of higher education dealing with mental illness;

“(D) survey Federal agencies to determine which policies are effective in encouraging, and how best to facilitate outreach without duplicating, efforts relating to mental and behavioral health promotion;

“(E) establish specific goals within and across Federal agencies for mental health promotion, including determinations of accountability for reaching those goals;

“(F) develop a strategy for allocating responsibilities and ensuring participation in mental and behavioral health promotion, particularly in the case of competing agency priorities;

“(G) coordinate plans to communicate research results relating to mental and behavioral health amongst the age population of students attending institutions of higher education to enable reporting and outreach activities to produce more useful and timely information;

“(H) provide a description of evidence-based practices, model programs, effective guidelines, and other strategies for promoting mental and behavioral health on campuses of institutions of higher education;

“(I) make recommendations to improve Federal efforts relating to mental and behavioral health promotion on campuses of institutions of higher education and to ensure Federal efforts are consistent with available standards, evidence, and other programs in existence as of the date of enactment of this Act [Dec. 13, 2016];

“(J) monitor Federal progress in meeting specific mental and behavioral health promotion goals as they relate to settings of institutions of higher education; and

“(K) examine and disseminate best practices related to intracampus sharing of treatment records;

“(2) consult with national organizations with expertise in mental and behavioral health, especially those organizations working with the age population of students attending institutions of higher education; and

“(3) consult with and seek input from mental health professionals working on campuses of institutions of higher education as appropriate.

“(e)Meetings.—

“(1)In general.—The Task Force shall meet not fewer than three times each year.

“(2)Annual conference.—The Secretary shall sponsor an annual conference on mental and behavioral health in settings of institutions of higher education to enhance coordination, build partnerships, and share best practices in mental and behavioral health promotion, data collection, analysis, and services.

“(f)Definition.—In this section, the term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

“(g)Authorization of Appropriations.—To carry out this section, there are authorized to be appropriated $1,000,000 for the period of fiscal years 2018 through 2022.”