Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
FACT SHEET FOR S.B. 1596
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).
FACT SHEET – Revised
S.B. 1596
Page 2
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
MM/DM/sdr