Student Mental Health Waiver Policy

Purpose and Background

McNeese is committed to the success of all students, including those with acute or chronic mental health conditions. In compliance with Louisiana R.S. 17:3138.1, this policy establishes procedures for McNeese State University to provide all enrolled students the opportunity to complete a voluntary mental health privacy waiver form that allows the University to share protected health information with designated individuals in the event of a mental health crisis or when a student may pose a risk to self or others. Furthermore, this policy establishes protocols for the utilization of mental health waiver information. This policy ensures compliance with state law while respecting and protecting student privacy rights under the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), and other applicable federal and state laws.

Mental Health Privacy Waiver Form Information

The mental health privacy waiver shall be constructed in accordance with the criteria mandated by Louisiana R.S. 17:3138.1.

If a student is under the age of 18 on the date a form is submitted, a parent or legal guardian’s authorization is necessary for the submission to be accepted.

Mental Health Privacy Waiver Distribution Procedures

The mental health privacy waiver form will be available to all students in the following locations:

• MyMcNeese Portal
• Student Health Services webpage
• Counseling Services webpage
• Office of Student Services webpage

The form will also be available to students as they register for classes each semester or reenter the registration portal to make enrollment changes.

Once per semester, a campus-wide email will be distributed reminding students of the ability to complete the mental health privacy waiver.

Processing of Form Submissions

Mental health privacy waiver forms will be processed by the Office of the Registrar. Information received from the form will be populated in Banner with the student’s profile information.

Communication with Emergency Contacts in a Crisis Situation

Should a student’s mental health crisis reach one of the following three standards, at least one approved University employee will attempt to reach the emergency contact(s) listed on the student’s waiver form.

• The student verbally expresses or has documented an intent to harm him or herself, or others.
• The student has visible indications of physical harm relating to their mental health.
• The student is reported missing and unable to be located after a standardized welfare check has been conducted.

Only the following information may be shared with designated contacts:

• The general nature of the crisis.
• Actions taken by the University (e.g., hospitalization, referral).
• Recommendations for follow-up support or care.
• No specific diagnoses or treatment details shall be disclosed unless otherwise permitted or required by law.

The student’s historical record with the University through counseling services, student health services, academic performance measures, and other case management tracking systems will remain protected according to federal laws.

Employees Approved to Notify Emergency Contacts of a Mental Health Crisis

The following employees are approved to utilize the information from a student’s mental health privacy waiver form to communicate with an emergency contact:

• University President or designated proxy
• Chief Student Affairs Officer or designated proxy
• Dean of Student Support and Advocacy
• McNeese Police Chief, Lieutenant(s), or Sergeant(s)

No other McNeese employee should communicate with an emergency contact without authorization from the appropriate parties.

McNeese employees will have the obligation to ensure a student’s mental health crisis that involves communicating with an emergency contact is properly documented in the electronic case management system.

Modification/Revocation of Waiver

Students aged 18 and older maintain the right to modify or revoke the release of their mental health records. A student may submit to the Office of the Registrar, Office of Student Services, or Office of Student Affairs their request to modify or revoke their mental health waiver submissions. Students may also initiate an update to their records by altering their profile information in Banner Self-Service. Revocation is not retroactive and will not affect information already disclosed.

Medical Leave Due to a Mental Health Crisis

Students and approved emergency contacts should refer to the Medical Leave Policy for Students to review the potential implications of a student’s mental health crisis including but not limited to voluntary medical leave, required medical leave, and involuntary medical leave/withdrawal.

Communication

This policy is distributed via the University Policies webpage.