SB 1054 — assisted living; hyperbaric oxygen therapy

BillSenate Number:Engrossed assisted living;

S.B.hyperbaric oxygen therapy State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1054 AN ACT AMENDING TITLE 36, CHAPTER 4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-420.06;

1054RELATING RogersTO FloorHEALTH AmendmentCARE ReferenceINSTITUTIONS. to:

printed(TEXT billOF AmendmentBILL draftedBEGINS by:ON NEXT PAGE) - i - S.B.

Leg1054 CouncilBe FLOORit AMENDMENTenacted EXPLANATIONby 1.the Legislature of the State of Arizona:

Requires hyperbaric oxygen therapy (HBOT) offered by an assisted living home or assisted living center (assisted living facility) to be administered through a Class II mild hyperbaric oxygen chamber that is registered by the U.S.

Food and Drug Administration (FDA) for home use.

2.

Requires assisted living facilities offering HBOT to ensure all HBOT provided is ordered by a physician and that a staff member who has received manufacturer-approved training is on-site any time a resident receives HBOT.

3.

Requires assisted living facilities offering HBOT to provide notice to each resident receiving treatment that:

a) includes known information about contraindications and risks of HBOT;

b) recommends consultation with the resident's treating physician about any personal health risks;

and c) the device is FDA-approved to treat mild symptoms consistent with acute mountain sickness and that other use is considered off-label.

4.

Prohibits an assisted living facility from offering HBOT to a resident requiring directed care services unless the HBOT is ordered by the resident's treating physician and the resident or an authorized representative provides informed consent.

5.

Allows the Department of Health Services to adopt any necessary rules for the purposes of assisted living facility use of HBOT.

Amendment explanation prepared by Michael Madden 02/26/2025 Fifty-seventh Legislature Rogers First Regular Session S.B.

1054 ROGERS FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.

1054 (Reference to printed bill) Amendment instruction key:

[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.

[Green underlining in brackets] indicates text added to new session law or text restoring existing law.

[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

rules [A.]A. NOTWITHSTANDING ANY OTHER LAW, ASSISTED LIVING HOMES AND ASSISTED LIVING CENTERS MAY [PROVIDE] [OFFER MILD] HYPERBARIC OXYGEN THERAPY TO THEIR RESIDENTS [THROUGH THE USE OF A CLASS II MILD HYPERBARIC OXYGEN CHAMBER THAT HAS BEEN REGISTERED UNDER SECTION 510(k) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT (52 STAT.

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 BEEN REGISTERED UNDER SECTION 510(k) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT (52 STAT.

21 UNITED STATES CODE SECTION 1 THROUGH 905) FOR HOME USE AS PRESCRIBED BY OR UNDER THE DIRECTION OF A PHYSICIAN AND FROM WHICH RESIDENTS ARE ABLE TO INDEPENDENTLY EXTRICATE THEMSELVES].THEMSELVES.

[B.B.

SenateC. Amendments to S.B.

1054 C.

THE DEPARTMENT MAY ADOPT ANY NECESSARY RULES FOR THE PURPOSES OF THIS SECTION.]SECTION. Enroll and engross to conform Amend title to conform WENDY ROGERS 1054FloorROGERS.docx 02/25/2025 2:27 PM C:

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