REFERENCE TITLE: health facilities; duty of care

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

SB 1373

 

Introduced by

Senator Barto

 

 

AN ACT

 

Amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420; 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 section 36-420, to read:

START_STATUTE36-420.  Health care institutions; basic life support; first aid

A.  Each health care institution that is licensed pursuant to this chapter and that provides congregant or residential care and the health care institution's respective employees, agents and assigns have an affirmative duty of care for their residents.

B.  Health care institutions prescribed in subsection A of this section shall provide both:

1.  Basic life support, including initiating immediate cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who experiences symptoms of cardiac arrest or cessation of respiration.  The basic life support shall be in accordance with that resident's advance directives and do-not-resuscitate order.  Staff who are certified in cardiopulmonary resuscitation shall be available at the health care institution at all times.

2.  First aid before the arrival of emergency medical services to a resident who experiences emergency illness or injury and to a noninjured resident who has fallen and is unable to reasonably recover independently. The first aid shall be in accordance with the resident's advance directives and do-not-resuscitate order.  Staff who are certified in first aid shall be available at the health care institution at all times.

C.  A health care institution prescribed in subsection A of this section may not have, establish or implement policies that prevent employees from providing immediate cardiopulmonary resuscitation, first aid or emergency care to the health care institution's residents. END_STATUTE