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 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:
36-420. Health care institutions; cardiopulmonary resuscitation; first aid; immunity
A. Each health care institution that is licensed pursuant to this chapter and that provides 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:
1. Shall initiate immediate cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who experiences symptoms of cardiac arrest or cessation of respiration. The cardiopulmonary resuscitation 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. Shall provide 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.
3. 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.
C. A health care institution prescribed in subsection A of this section and any staff member who 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.