SB 1373 — health facilities; duty of care

SB1373Chapter 0314 - 551R - SH Ver  of SB1373     SenateHouse Engrossed Senate Bill   health facilities;

duty of care       State of Arizona Senate Fifty-fifth Legislature First Regular Session       CHAPTER   SENATE BILL 1373       AN ACT   Amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding sectionsections 36-420;36-420 and 36-420.01;

Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sectionsections 36-420,36-420 and 36-420.01, to read:

immunityimmunity; A.

Eachfalls; 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.

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.

Each Health care institutionsinstitution: prescribed in subsection A of this section:

Shall initiate immediatecardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who experiencesis symptomsnonresponsive ofor cardiachas arresta or cessation of normal respiration.

The cardiopulmonary resuscitation shall be in accordance with that resident's advance directivesdirectives, andif do-not-resuscitateknown. order.  Staff who are certified in cardiopulmonary resuscitation shall be available at the health care institution at all times.

Staff who are certified in cardiopulmonary resuscitation shall be available at all times.

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 experiencesis emergencyin illnessdistress or injury and to a noninjured resident who has fallenfallen, appears to be uninjured and is unable to reasonably recover independently.

The first aid shall be in accordance with the resident's advance directivesdirectives, andif do-not-resuscitateknown. order.

Staff who are certified in first aid shall be available at the health care institution at all times.

may not have, establish or implement policies that prevent employees from providing immediateappropriate cardiopulmonary resuscitation,resuscitation and first aidaid. or emergency care to the health care institution's residents.

A health care institution prescribedthat 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.

END_STATUTED.

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.

END_STATUTE START_STATUTE36-420.01.

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.

B.

For the purposes of this section, "health care institution" has the same meaning prescribed in section 36-420.

END_STATUTE       APPROVED BY THE GOVERNOR MAY 4, 2021.

  FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 4, 2021.