Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1654 Comm Sub / Analysis

Filed 03/02/2022

                    Assigned to HHS 	AS PASSED BY COW 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
AMENDED 
FACT SHEET FOR S.B. 1654 
 
schools; seizure management; treatment plans 
Purpose 
Allows, beginning in school year (SY) 2022-2023, the parent or guardian of a public school 
student who has a seizure disorder to submit to the school district or charter school a copy of a 
seizure management and treatment plan for school personnel. Outlines implementation 
requirements for school districts and charter schools. 
Background 
School district governing boards are charged with prescribing and enforcing policies and 
procedures necessary in the governance of schools. The governing board must also prescribe and 
enforce policies and procedures: 1) allowing pupils who have been diagnosed with anaphylaxis by 
a licensed health care provider or by a registered nurse practitioner licensed and certified to carry 
and self-administer emergency medications, including epinephrine auto-injectors, while at school 
and at school-sponsored activities; and 2) for the emergency administration of epinephrine  
auto-injectors by a trained employee of a school district. The governing board must allow the 
possession and self-administration of prescription medication for breathing disorders in handheld 
inhaler devices by pupils who have been prescribed that medication by a licensed health care 
professional (A.R.S. § 15-341). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Allows, effective SY 2022-2023, the parent or guardian of a student who has a seizure disorder 
and who is enrolled in an Arizona public school to submit to the school district or charter 
school a copy of a seizure management and treatment plan for school personnel to use if the 
student suffers a seizure at school or while participating in a school-sponsored activity. 
2. Requires the seizure management and treatment plan to: 
a) be developed and signed by the student's parent or guardian and the physician or registered 
nurse responsible for the student's seizure treatment; 
b) include outlined procedures recommended by the physician or registered nurse responsible 
for the student's seizure treatment to manage an active seizure; and 
c) include other health care services available at the school that the student may receive to 
help to manage the student's seizure disorder at school or while participating in a  
school-sponsored activity. 
  FACT SHEET – Amended 
S.B. 1654 
Page 2 
 
 
3. Requires the plan to be submitted to and reviewed by the school district or charter school: 
a) before or at the beginning of the SY;  
b) at the time of enrollment if the student enrolls in the school district or charter school after 
the beginning of the SY; or 
c) as soon as practicable following a diagnosis of the student's seizure disorder. 
4. Requires a school nurse, employed by or under contract with a school district or charter school 
that has received a seizure management and treatment plan, to: 
a) review each seizure management and treatment plan; and 
b) complete an online course of instruction for school nurses regarding managing students 
with seizure disorders. 
5. Requires the school district or charter school to designate an employee who is responsible for 
reviewing seizure management and treatment plans if a school nurse is not available. 
6. Requires each school principal, guidance counselor, teacher, bus driver or classroom aide that 
maintains regular contact with students who have submitted a seizure management and 
treatment plan, to complete an online course of instruction for school personnel regarding 
awareness of students with seizure disorders.  
7. Prohibits the prescribed training for nurses and outlined school employees from being required 
more than once in a five-year period. 
8. Requires seizure recognition and treatment courses for school personnel to be approved by the 
State Board of Education (SBE). 
9. Requires, beginning September 1, 2023, each public school to have at least one school 
employee, other than a school nurse, to meet the training requirements necessary to administer 
or assist with the self-administration of: 
a) a seizure rescue medication or a medication prescribed to treat seizure disorder symptoms 
as approved by the Food and Drug Administration (FDA) or its successor agency; and 
b) a manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet 
as approved by the FDA or its successor agency. 
10. States that 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 submitted seizure management and treatment plan, including an action or 
failure to act in administering a medication, assisting with self-administration or otherwise 
providing for the care of a student under a seizure management and treatment plan, except in 
cases of gross negligence, willful misconduct or intentional wrongdoing. 
11. Requires school districts and charter schools to comply with a student's accommodation plan 
if a student requires an educational accommodation in accordance with the Rehabilitation Act 
of 1973 and the student's accommodation plan includes a seizure management and treatment 
plan. 
12. Requires SBE, by December 1, 2022, to approve a free online course of instruction to be 
provided by a nonprofit national foundation that supports the welfare of individuals with 
epilepsy and seizure disorders.  FACT SHEET – Amended 
S.B. 1654 
Page 3 
 
 
13. Requires SBE to adopt rules as necessary to administer a student's seizure management and 
treatment plan. 
14. Becomes effective on the general effective date.  
Amendments Adopted by Committee 
1. Requires each charter school nurse or school district-contracted nurse and employee to 
complete the prescribed seizure disorder online course at least once every two years. 
2. Encourages private school nurses and other private school employees to receive seizure 
disorder management training.  
3. Requires, effective September 1, 2023, each public and private school to have at least one 
school employee, other than a school nurse, that meets training requirements necessary to 
administer or assist with the self-administration of a seizure rescue medication or a manual 
dose of prescribed electrical stimulation. 
Amendments Adopted by Committee of the Whole 
1. Allows a registered nurse practitioner to develop, sign and be responsible for a student's seizure 
management and treatment plan. 
2. Removes the requirement that each charter school nurse or school district-contracted nurse and 
outlined employees complete the prescribed seizure disorder online course at least once every 
two years. 
3. Prohibits the prescribed training for nurses and outlined school employees from being required 
more than once in a five-year period. 
4. Stipulates that a school nurse must complete prescribed training if the school received a student 
seizure management and treatment plan. 
5. Narrows the applicability of the seizure management training requirement for non-school 
nurses to only principals, guidance counselors, teachers, bus drivers and classroom aides that 
come into regular contact with students who have submitted a seizure management and 
treatment plan. 
6. Removes the encouragement of private school nurses and other private school employees to 
receive seizure disorder management training.  
7. Removes the requirement that a private school have at least one school employee, other than a 
school nurse, to meet the training requirements necessary to administer or assist with the  
self-administration of a seizure rescue medication or a manual dose of prescribed electrical 
stimulation. 
Senate Action 
HHS 2/16/22 DPA 7-0-1 
Prepared by Senate Research 
March 2, 2022 
MM/MC/sr