House Engrossed Senate Bill
health facilities; duty of care
State of Arizona
First Regular Session
SENATE BILL 1373
Amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding sections 36-420 and 36-420.01; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 36-420 and 36-420.01, to read:
36-420. Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; definition
A. Each health care institution and the health care institution's respective employees have an affirmative duty of care for their residents as prescribed in subsection b of this section.
B. Each Health care institution:
1. Shall initiate cardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who is nonresponsive or has a cessation of normal respiration. The cardiopulmonary resuscitation shall be in accordance with that resident's advance directives, if known. Staff who are certified in cardiopulmonary resuscitation shall be available at all times.
2. Shall provide appropriate First aid in accordance with its certification training for first aid before the arrival of emergency medical services to a resident who is in distress and to a noninjured resident who has fallen, appears to be uninjured and is unable to reasonably recover independently. The first aid shall be in accordance with the resident's advance directives, if known. Staff who are certified in first aid shall be available at all times.
3. may not have, establish or implement policies that prevent employees from providing appropriate cardiopulmonary resuscitation and first aid.
C. A health care institution that renders cardiopulmonary resuscitation or first aid as described in subsection B of this section is not liable for any civil damages as the result of any act or omission by the person rendering such care. This liability exclusion applies only if the cardiopulmonary resuscitation or first aid is rendered in good faith and consistent with cardiopulmonary resuscitation or first aid certification standards, as applicable. This liability exclusion does not apply to a person who acts with gross negligence while rendering care.
D. A person who in good faith renders first aid to a person who has fallen is not liable for any civil damages as the result of any act or omission by the person rendering the first aid to the fallen person, unless the person acted with gross negligence while rendering the first aid, if the person rendering aid acted under any of the following circumstances:
1. At the direction of the emergency dispatch operator.
2. To prevent further imminent and serious injury to the fallen person.
3. The fallen person appeared to be uninjured, stated that the person was not injured and requested assistance.
E. The department shall enforce this section consistent with the centers for medicare and medicaid services regulations for health care institutions that are subject to those regulations.
F. For the purposes of this section, "health care institution" means an assisted living center, an assisted living facility, an assisted living home, hospice, a nursing care institution or a residential care institution that is licensed pursuant to this chapter.
36-420.01. Health care institutions; fall prevention and fall recovery; training programs; definition
A. Each health care institution shall develop and administer a training program for all staff regarding fall prevention and fall recovery. The training program shall include initial training and continued competency training in fall prevention and fall recovery. A health care institution may use information and training materials from the department's Arizona falls prevention coalition in developing the training program.