Assigned to ED                                                                                                                           FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2220

 

school employees; psychiatric diagnosis; medications

 

Purpose

 

Prohibits a school district employee from requiring a parent or guardian to seek psychiatric or psychological diagnoses or evaluation for a pupil or require the use of psychiatric medication for a pupil.  Prohibits, without parental or guardian consent, a school from administering psychiatric medication, transporting a pupil to a treatment facility or conducting specified health exams for pupils on school grounds. 

 

Background

 

Current law requires a school district governing board to establish policies and procedures governing the administration of a prescription medication or a patent or proprietary medication to students by employees. 

 

H.B. 2220 provides for the prohibition of a school district employee from requiring a parent or guardian to seek a psychiatric or psychological diagnoses or evaluation for a child, requiring the use of psychiatric medication for any pupil or requiring the use of a psychiatric medication as a condition of attending school.  The bill additionally addresses parental and guardian consent relating to a school’s administration of psychiatric medication, the transport of pupils to a treatment facility and the administration of behavioral health exams.

 

There is no discernible fiscal impact to the state general fund associated with this legislation. 

 

Provisions

 

1.      Prohibits a school district employee from requiring a parent or guardian to do the following:  (1) seek a psychiatric or psychological diagnoses or evaluation for a child, (2) require the use of psychiatric medication for any pupil or (3) require the use of a psychiatric medication as a condition of attending school.

 

2.      Prohibits psychiatric medication from being administered to any pupil unless the parent or guardian has given a written consent to administer the medication. 

 

3.      Prohibits a school from transporting or allowing the transportation of any pupil to a psychiatric or psychological treatment facility without parental or guardian consent.

 

4.      Prohibits psychiatric, psychological or behavioral health exams from being conducted on school grounds unless written parental or guardian consent has been granted for the specific exam to be administered.

 

 

5.      Prohibits this act from being construed to prohibit a school district, school district governing board, a charter school board, a charter school or employees of these entities from developing or participating in any type of pupil disciplinary proceedings or enforcing laws that prevent the disruption of an educational institution, as prescribed in statute. 

 

6.      Contains technical and conforming changes. 

 

7.      Provides for a general effective date. 

 

 

House Action

 

ED                    3/25/02           DPA    5-4-1-0-0

3rd Read            4/08/02                       36-14-10-0

 

 

Prepared by Senate Staff

April 17, 2002