REFERENCE TITLE: schools; seizure
management; treatment plans |
State of
Arizona Senate Fifty-fourth
Legislature Second Regular
Session 2020 |
SB 1146 |
|
Introduced by Senator Kerr: Representatives Dunn, Osborne |
AN ACT
amending title
15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-160;
relating to school safety requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-160, to read:
15-160. Seizure management and
treatment plans; requirements; immunity; online instruction; rules
A. Beginning in the 2020-2021 school
year, the parent or guardian of a pupil who has a seizure disorder and who is
enrolled in a school that is operated by a school district or a charter school
in this state may seek care for the pupil's seizures while the pupil is at
school or participating in a school‑sponsored activity. The
parent or guardian shall submit to the school district or charter school in
which the pupil is enrolled a copy of a seizure management and treatment plan
developed by the pupil's parent or guardian and the physician responsible for
the pupil's seizure treatment. The plan
must be submitted to and reviewed by the school district or charter school:
1. Before or at the beginning of the
school year.
2. If the pupil enrolls in the school
district or charter school after the beginning of the school year, when the
pupil enrolls.
3. As soon as practicable following a
diagnosis of the pupil's seizure disorder.
B. A seizure management and treatment
plan must meet all of the following requirements:
1. Identify the health care services
the pupil may receive at school or while participating in a school‑sponsored
activity.
2. Evaluate the pupil's level of
understanding of and ability to manage the pupil's seizures.
3. Be signed by the pupil's parent or
guardian and the physician responsible for the pupil's seizure treatment.
C. School districts, charter schools,
employees of school districts or charter schools and nurses who are under
contract with a school district or charter school are immune from civil
liability with respect to all decisions made and actions taken that are based
on good faith implementation of a seizure management and treatment plan
submitted pursuant to this section, including an action or failure to act in
administering a medication, assisting with self-administration or otherwise
providing for the care of a pupil under a seizure management and treatment plan
submitted for the pupil under this section, except in cases of gross
negligence, wilful misconduct or intentional wrongdoing.
D. A school nurse who is employed by
or under contract with a school district or charter school must complete an
online course of instruction for school nurses regarding managing pupils with
seizure disorders. The course must be approved by the state board of
education and include information about seizure recognition and related first
aid.
E. A school district or charter school
employee, other than a school nurse, whose duties at the school include regular
contact with pupils must complete an online course of instruction for school
personnel regarding awareness of pupils with seizure disorders. The course must be approved by the state board
of education and include information about seizure recognition and related
first aid.
F. Not later than December 1, 2020,
the state board of education shall approve an online course of instruction that
is provided free of charge by a nonprofit national foundation and that supports
the welfare of individuals with epilepsy and seizure disorders to satisfy the
training required by subsections D and E of this section.
G. The state board of education shall
adopt rules as necessary to administer this section.