SB 1052 — assisted living; hyperbaric oxygen therapy

Fifty-seventhSenate LegislatureEngrossed Healthassisted &living; Human Services Second Regular Session S.B.

hyperbaric oxygen therapy State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1052 PROPOSEDAN HOUSEACT OFAMENDING REPRESENTATIVESTITLE AMENDMENTS36, TOCHAPTER S.B.4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-420.06;

1052RELATING (ReferenceTO toHEALTH SenateCARE engrossedINSTITUTIONS. bill) Strike everything after the enacting clause and insert:

"Section(TEXT 1.OF BILL BEGINS ON NEXT PAGE) - i - S.B.

Repeal1052 SectionBe 41-3026.21,it Arizonaenacted Revisedby Statutes,the isLegislature repealed.of the State of Arizona:

Sec.Section 1.

2.Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-420.06, to read:

Title36-420.06. 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3034.21, to read:

41-3034.21.Assisted living homes and centers;

Departmentmild ofhyperbaric economicoxygen security;therapy;

terminationphysician Julyorders; 1, 2034 A.

THEnotice; DEPARTMENT OF ECONOMIC SECURITY TERMINATES ON JULY 1, 2034.

informed consent;

rules A.

NOTWITHSTANDING ANY OTHER LAW, ASSISTED LIVING HOMES AND ASSISTED LIVING CENTERS MAY OFFER MILD HYPERBARIC OXYGEN THERAPY TO THEIR RESIDENTS THROUGH THE USE OF A CLASS II MILD HYPERBARIC OXYGEN CHAMBER THAT HAS RECEIVED PREMARKET NOTIFICATION CLEARANCE FROM THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR HOME USE AS PRESCRIBED BY OR UNDER THE DIRECTION OF A PHYSICIAN AND FROM WHICH RESIDENTS ARE ABLE TO INDEPENDENTLY EXTRICATE THEMSELVES.

TITLEAN 41,ASSISTED CHAPTERLIVING 14HOME ANDOR THISASSISTED SECTIONLIVING ARECENTER REPEALEDTHAT ONOFFERS JANUARYMILD 1,HYPERBARIC 2035.OXYGEN THERAPY TO ITS RESIDENTS PURSUANT TO THIS SECTION SHALL:

Sec.1.

ENSURE THAT THE USE OF THE MILD HYPERBARIC OXYGEN THERAPY BY RESIDENTS IS PROVIDED ONLY ON THE ORDER OF A PHYSICIAN.

2.

ENSURE THAT A STAFF MEMBER WHO HAS RECEIVED TRAINING APPROVED BY THE MANUFACTURER IS ON-SITE ANY TIME A RESIDENT RECEIVES MILD HYPERBARIC OXYGEN THERAPY.

PurposePROVIDE PursuantA toNOTICE sectionTO 41-2955,EACH subsectionRESIDENT B,WHO ArizonaRECEIVES RevisedMILD Statutes,HYPERBARIC theOXYGEN legislatureTHERAPY continuesTHAT theTHE departmentUNITED ofSTATES economicFOOD securityAND toDRUG provideADMINISTRATION socialHAS services,APPROVED welfareTHE programs,DEVICE vocationalTO rehabilitationTREAT andMILD employmentSYMPTOMS servicesCONSISTENT andWITH developmentalACUTE disabilityMOUNTAIN programs.SICKNESS AND THAT ANY OTHER USE IS CONSIDERED OFF-LABEL.

Sec.THE NOTICE SHALL PROVIDE KNOWN INFORMATION ABOUT CONTRAINDICATIONS AND RISKS OF USING THE DEVICE AND RECOMMEND THAT THE RESIDENT CONSULT THE RESIDENT'S TREATING PHYSICIAN ABOUT ANY PERSONAL HEALTH RISKS.

4.C.

RetroactivityAN SectionsASSISTED 1LIVING andHOME 2OR ofASSISTED thisLIVING actCENTER applyMAY retroactivelyNOT toOFFER fromMILD andHYPERBARIC afterOXYGEN JulyTHERAPY 1,TO 2026."A AmendRESIDENT titleWHO toREQUIRES conformDIRECTED PATTYCARE CONTRERASSERVICES 1052CONTRERASUNLESS PTHE SE.docxTHERAPY 03/19/2026IS 10:29PROVIDED AMON C:THE ORDER OF THE RESIDENT'S TREATING PHYSICIAN AND THE RESIDENT OR THE RESIDENT'S AUTHORIZED REPRESENTATIVE PROVIDES INFORMED CONSENT.

AHD. 130KVEGBO

THE DEPARTMENT MAY ADOPT ANY NECESSARY RULES FOR THE PURPOSES OF THIS SECTION.

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