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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
developmental disabilities; electroconvulsive therapy
Purpose
Requires the Department of Economic Security (DES) Division of Developmental Disabilities (DDD) to provide information regarding the use of electroconvulsive therapy (ECT) to each independent oversight committee on persons with developmental disabilities (DDD IOC).
Background
The Director of DES is responsible for developing and annually revising a statewide plan and initiating statewide programs and services for persons with developmental disabilities, including child, adult, residential and resource services. An Arizona resident with a developmental disability, supported by medical and psychological documentation, is eligible to apply for developmental disabilities programs, services and facilities operated, licensed and supervised by DES (A.R.S. §§ 36-554 and 36-559).
DDD is the division of DES that empowers individuals with developmental disabilities to lead self-directed, healthy and meaningful lives. DDD provides support and services for eligible Arizonans diagnosed with one of the following developmental disabilities: 1) autism; 2) cerebral palsy; 3) epilepsy; 4) cognitive or intellectual disability; and 5) Down syndrome. Children under the age of six who are at risk of having a developmental disability may also qualify for services. DDD serves more than 50,000 people with developmental disabilities and their families throughout Arizona each year (DDD).
The DDD IOC, within the Arizona Department of Administration (ADOA), promotes
the rights of clients who are receiving developmental disabilities services
from DES. Additionally, the Director of ADOA may establish additional DDD IOCs
for each district office or to oversee the activities of any service provider.
Each DDD IOC consists of between 7 and 15 members appointed by the Director
with expertise in at least one of the following areas: 1) psychology; 2) law;
3) medicine; 4) education; 5) special education; 6) social work; or 7) criminal
justice. Membership must include at least two parents of children who receive
services from DDD. DDD must provide each DDD IOC information relating to
incidents of: 1) possible abuse, neglect or violations of rights; 2) physical
abuse, sexual abuse and other abuse; 3) accidental injury; 4) missing clients;
5) behavioral emergency measures; 6) medication errors, including theft of
medication or missing medication; 7) death; 8) suicide attempts; 9)
hospitalizations; 10) incarcerations; 11) theft of client property or money;
and l2) property destruction (A.R.S.
§ 41-3801).
Current statute prohibits DES
from administering electroshock therapy to any client, as well as from
licensing, approving or supporting any program which uses such treatment (A.R.S.
§ 36-561).
ECT is a procedure done under general anesthesia in which small electric currents are passed through the brain, intentionally triggering a brief seizure. ECT seems to cause changes in brain chemistry that can quickly reverse symptoms of certain mental health conditions, including but not limited to severe depression, severe mania, catatonia, agitation and aggression in dementia patients (Mayo Clinic).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DDD to provide information regarding incidents of ECT use to each DDD IOC.
2. Requires DDD to allow the DDD IOC 30 days to review new policies or policy changes related to ECT before submission for public comment.
3. Becomes effective on the general effective date.
Revisions
· Added additional background information.
Prepared by Senate Research
February 14, 2024
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