Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1089 of the Regular Session
 State of Arkansas                   As Engrossed:       H4/12/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1826
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 By: Representative J. Mayberry
 By: Senator Irvin
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                                   For An Act To Be Entitled
                 AN ACT CONCERNING SCHOOL NURSES; TO REQUIRE PUBLIC
                 SCHOOLS TO PROVIDE HEALTH SERVICES PROGRAMS; TO
                 REQUIRE LICENSED REGISTERED NURSES EMPLOYED OR
                 CONTRACTED BY A PUBLIC SCHOOL TO PARTICIPATE IN
                 NURSING PROFESSIONAL DEVELOPMENT; TO REQUIRE THE
                 DIVISION OF ELEMENTARY AND SECONDARY EDUCATION TO
                 DEVELOP AND IMPLEMENT AN EDUCATION PROGRAM FOR SCHOOL
                 NURSES; TO REQUIRE PUBLIC SCHOOL DISTRICTS TO
                 PARTICIPATE IN A HEALTH SERVICES SURVEY; AND FOR
                 OTHER PURPOSES.
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                                               Subtitle
                         TO REQUIRE SCHOOL NURSES TO PARTICIPATE
                         IN NURSING PROFESSIONAL DEVELOPMENT; TO
                         REQUIRE THE DEVELOPMENT OF AN EDUCATION
                         PROGRAM FOR SCHOOL NURSES; AND TO REQUIRE
                         PUBLIC SCHOOLS TO PARTICIPATE IN A HEALTH
                         SERVICES SURVEY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.      Arkansas Code  6-18-706 is amended to read as follows:
         6-18-706. School nurse  Definition.
         (a)   Each public school district shall provide a health services
 program under the direction of a licensed registered nurse in accordance with
 the laws of the State of Arkansas and Division of Elementary and Secondary
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     As Engrossed:       H4/12/21                                                HB1826
 Education rules.
      (a)(b)     In order to improve the health status and educational
 achievement of the children of this state, the General Assembly hereby
 determines that an appropriate school nurse-to-student ratio is essential to
 effectively meet the healthcare needs of these children.
      (b)(c)(1)       For purposes of this section, school nurse means a
 licensed nurse engaging in school nursing activities.
               (2)    A school nurse shall practice within the scope of practice
 applicable to the certification of the school nurse.
      (d)(1)     Beginning with the 2021-2022 school year, at least one (1)
 licensed registered nurse employed or contracted by each public school
 district shall annually participate in nursing professional development
 related to Arkansas school nursing mandates and practices, as determined
 appropriate by the division.
               (2)    The division, in conjunction with the Department of Health,
 shall develop and implement an education program for school nurses that is
 designed to improve the quality and delivery of health services for students.
      (c)(1)(e)(1)       Beginning with the 2004-2005 school year, all school
 districts shall have no fewer than the full-time equivalent of one (1) school
 nurse per seven hundred fifty (750) students or the proportionate ratio
 thereof, or, if feasible, one (1) school nurse on each public school campus.
               (2)    In districts having a high concentration of children with
 disabling conditions as determined by the State Board of Education, the ratio
 of school nurses to students should be one (1) to four hundred (400) in those
 schools so designated.
               (3)    In a district that provides a center for profoundly disabled
 students, the ratio should be one (1) school nurse per one hundred twenty-
 five (125) students at that center.
      (d)(1)(f)(1)       School nurses may be employed or provided by contract or
 agreement with other agencies or individuals provided that the prescribed
 ratio and equivalency are maintained.
               (2)    However, no school nurse may be employed by, or contract
 with, any public secondary or elementary school of this state except with the
 prior approval of the local school district board of directors.
      (e)(1)(g)(1)       The provisions of this section shall be effective only
 upon the availability of state funds.
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     As Engrossed:        H4/12/21                                                 HB1826
                (2)    Available funds shall be distributed to school districts
 based on the previous year's three-quarter average daily membership.
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       SECTION 2.       Arkansas Code  6-18-709 is amended to read as follows:
       6-18-709.       Annual reports of school nurse statistics required.
       (a)(1)     Annually, a public school district shall participate in the
 Division of Elementary and Secondary Education health services survey related
 to:
                        (A)   On-campus healthcare needs of public school students;
                        (B)   On-campus healthcare services; and
                        (C)   The availability of health care to other public school
 district personnel and nursing facilities.
                (2)    Each public school district shall report the information
 reported in the health services survey to the local school district board of
 directors.
       (b)    Annually, by August 31, a school district shall report the
 following to the Division of Elementary and Secondary Education division:
                (1)    The number of full-time nurses employed by the school
 district;
                (2)    The number of part-time nurses employed by the school
 district;
                (3)    The number of full-time nurses with whom the school district
 contracts for service;
                (4)    The number of part-time nurses with whom the school district
 contracts for service;
                (5)    The level of licensure of each nurse working in the school
 district;
                (6)    The highest degree obtained for each nurse working in the
 school district;
                (7)    The amount of pay, including without limitation the source
 of funding, for each nurse working in the school district; and
                (8)    The number of students in the school district that are in
 each nursing acuity level as follows:
                        (A)   Level 1 for students with occasional health concerns
 and routine health screenings at a ratio of one (1) school nurse per seven
 hundred fifty (750) students;
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     As Engrossed:   H4/12/21                                                 HB1826
                   (B)   Level 2 for students with healthcare concerns and
 those that require an individualized healthcare plan at a ratio of one (1)
 school nurse per four hundred (400) students;
                   (C)   Level 3 for students with medically complex conditions
 at a ratio of one (1) school nurse per two hundred twenty-five (225)
 students;
                   (D)   Level 4 for students with medically fragile conditions
 at a ratio of one (1) school nurse per one hundred twenty-five (125)
 students; and
                   (E)   Level 5 for students that are nursing dependent at a
 ratio of one (1) school nurse per one (1) student.
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                                 /s/J. Mayberry
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                                APPROVED: 4/30/21
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