Arizona Laws 36-420. Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; 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.
Terms Used In Arizona Laws 36-420
- Assisted living center: means an assisted living facility that provides resident rooms or residential units to eleven or more residents. See Arizona Laws 36-401
- Assisted living facility: means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis. See Arizona Laws 36-401
- Assisted living home: means an assisted living facility that provides resident rooms to ten or fewer residents. See Arizona Laws 36-401
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of health services. See Arizona Laws 36-401
- Direction: means authoritative policy or procedural guidance to accomplish a function or activity. See Arizona Laws 36-401
- Health care institution: means every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies as defined in section 36-151, outdoor behavioral health care programs and hospice service agencies. See Arizona Laws 36-401
- Hospice: means a hospice service agency or the provision of hospice services in an inpatient facility. See Arizona Laws 36-401
- Medical services: means the services that pertain to medical care and that are performed at the direction of a physician on behalf of patients by physicians, dentists, nurses and other professional and technical personnel. See Arizona Laws 36-401
- Nursing care institution: means a health care institution that provides inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who do not require hospital care or direct daily care from a physician. See Arizona Laws 36-401
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Residential care institution: means a health care institution other than a hospital or a nursing care institution that provides resident beds or residential units, supervisory care services, personal care services, behavioral health services, directed care services or health-related services for persons who do not need continuous nursing services. See Arizona Laws 36-401
B. Each health care institution:
1. Shall initiate cardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who is nonresponsive or has a cessation of normal respiration. The cardiopulmonary resuscitation shall be in accordance with that resident’s advance directives, if known. Staff who are certified in cardiopulmonary resuscitation shall be available at all times.
2. 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 is in distress and to a noninjured resident who has fallen, appears to be uninjured and is unable to reasonably recover independently. The first aid shall be in accordance with the resident’s advance directives, if known. Staff who are certified in first aid shall be available at all times.
3. May not have, establish or implement policies that prevent employees from providing appropriate cardiopulmonary resuscitation and first aid.
C. A health care institution that 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.
D. 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.