ARIZONA STATE SENATE
Phoenix, Arizona
school employees;
psychiatric diagnosis; medications
Prohibits a school district employee from requiring the use of psychiatric medication for a pupil or psychiatric medication as a condition of attending school. 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. Stipulates school requirements to evaluate or pay for the evaluation of a pupil if a school requires a parent or guardian to have a pupil evaluated as a condition of enrollment.
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 the use of psychiatric medication for any pupil or psychiatric medication as a condition of attending school. The bill addresses parental and guardian consent relating to a school’s administration of psychiatric medication, transporting pupils to a treatment facility and behavioral health exams. Additionally, the bill establishes school requirements if an evaluation of a pupil is required as a condition for attending school.
There is no discernible fiscal impact to the state general fund associated with this legislation.
1. Prohibits a school district employee from requiring (a) the use of psychiatric medication for any pupil or (b) 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. Stipulates if a school requires a parent or guardian to seek psychiatric or psychological evaluation of a child as a condition of enrollment, either of the following is required of the school:
a) Use its own personnel to perform the evaluation, or
b) Pay for a psychiatric or psychological evaluation performed by a licensed psychologist, upon parental request.
6. States that nothing in this act prohibits 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.
7. Provides that if a parent or guardian refuses to provide recommended psychiatric medication to their child, school personnel are not required, pursuant to specified statute, to issue a report to law enforcement or child protective services.
8. Makes technical and conforming changes.
9. Provides for a general effective date.
Amendments
Adopted by Committee of the Whole
1. Removes the provision that prohibits a school district employee from requiring a parent or guardian to seek a psychiatric or psychological diagnosis or evaluation for a child. Additionally removes references that a school district shall not require a parent or guardian to require the use of psychiatric medication for pupils.
2. Stipulates if a school requires a parent or guardian to seek psychiatric or psychological evaluation of a child as a condition of enrollment, either of the following is required of the school:
a) Use its own personnel to perform the evaluation, or
b) Pay for a psychiatric or psychological evaluation performed by a licensed psychologist, upon parental request.
3. Provides that if a parent or guardian refuses to provide recommended psychiatric medication to their child, school personnel are not required, pursuant to specified statute, to issue a report to law enforcement or child protective services.
4. Makes technical changes.
House Action Senate Action
ED 3/25/02 DPA 5-4-1-0-0 ED 4/18/02 DP 5-3-0-0
3rd Read 4/08/02 36-14-10-0 3rd Read 5/07/02 20-6-4-0
Prepared by Senate Staff
May 9, 2002