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REFERENCE TITLE: minimum staff ratios; nursing homes |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2848 |
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Introduced by Representatives Longdon: Bolding, Espinoza, Hernandez A, Hernandez D, Hernandez M, Jermaine, Lieberman, Meza, Pawlik, Sierra
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AN ACT
Amending Title 36, chapter 4, article 7, Arizona Revised Statutes, by adding section 36-447.03; relating to nursing 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 7, Arizona Revised Statutes, is amended by adding section 36-447.03, to read:
36-447.03. Staffing ratios; minimum; nursing care institutions; definition
A. Notwithstanding any other staffing requirements established by law, each nursing care institution shall maintain all of the following minimum direct care staff-to-resident ratios:
1. One certified nurse aide to every eight residents for the day shift.
2. One direct care staff member to every ten residents for the evening shift. At least one-half of all direct care staff members shall be certified nurse aides, shall be signed in to work as a certified nurse aide and shall perform certified nurse aide duties.
3. One direct care staff member to every fourteen residents for the night shift. each direct care staff member shall sign in to work as a certified nurse aide and perform certified nurse aide duties.
B. On any expansion of the resident census by the nursing care institution, the nursing care institution is exempt from any increase in direct care staffing ratios for a period of nine consecutive shifts after the date of the expansion of the resident census.
C. The computation of minimum direct care staffing ratios shall be carried to the hundredth place. If the application of the ratios listed in subsection A of this section results in other than a whole number of direct care staff, including certified nurse aides, for a shift, the number of required direct care staff members shall be rounded to the next higher whole number when the resulting ratio carried to the hundredth place is at least fifty-one hundredths. All computations shall be based on the midnight census for the day in which the shift begins.
D. This section does not affect any minimum staffing requirements for nursing care institutions that are required by the department for staff other than direct care staff members, including certified nurse aides, or to restrict the ability of nursing care institutions to increase staffing levels, at any time, beyond the established minimum.
E. The minimum direct care staffing ratios required by this section do not apply to any pediatric long-term care facility licensed pursuant to this chapter.
F. For the purposes of this section, "direct care staff member" means any registered nurse, licensed practical nurse or certified nurse aide who is acting in accordance with that individual's authorized scope of practice and pursuant to documented employee time schedules.