ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2317: continuing care; automated external defibrillators

Sponsor: Representative Gress, LD 4

Committee on Regulatory Affairs

Overview

Directs continuing care retirement communities (CCRCs) with at least 17 beds to always have an automated external defibrillator (AED) on the premises. Protects CCRC staff from any liability from withholding or withdrawing CPR or the use of an AED on a resident if they are following the resident's advanced directives.

History

An AED is a medical device heart monitor and defibrillator that: 1) can recognize the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; 2) can determine if defibrillation should be performed without operator intervention; and 3) automatically charges and delivers an electrical impulse to a person's heart once it determines that a defibrillation should be performed. An AED must be approved for premarket modification by the U.S. Food and Drug Administration (FDA). A trained user is an individual that has completed a state approved course in cardiopulmonary resuscitation (CPR) and AED training and is expected to properly use the AED (A.R.S. § 36-2261).

Statute does not require senior living facilities to have an AED, but any person or entity that acquires an AED is subject to regulation. Any person or entity acquiring an AED must: 1) contract with a physician to provide medical oversight and oversee all aspects of public access to defibrillation; 2) require each trained user that uses an AED on a person experiencing cardiac arrest to contact 911; 3) submit a written report to the Arizona Department of Health Services' (AZDHS) bureau of emergency medical services and trauma systems within five work days after use; and 4) ensure that the AED is properly maintained and in good working order and is properly tested. Exemptions to the regulations for obtaining an AED include: 1) a person who is prescribed an AED by a physician for home use; 2) a person employed as a firefighter, emergency medical care technician or ambulance attendant by a fire district; and a person employed as a firefighter, emergency medical care technician or ambulance attendant by public or private fire department or ambulance service (A.R.S. §§ 36-2262, 36-2264).

Provisions

1. Requires a CCRC with at least 17 beds to have a functioning AED on the premises at all times. (Sec. 1)

2. Permits CCRC staff to withhold or withdraw cardiopulmonary resuscitation or the use of an AED on a resident in accordance with the resident's advance directives. (Sec. 1)

3. Specifies that a CCRC or staff that withholds or withdraws CPR or the use of an AED in accordance with a resident's advance directive is not liable for any civil damages incurred as the result of any act or omission by the person withholding or withdrawing such care. (Sec. 1)

4. Applies the liability extension only if the CPR or the use of the AED is withheld in good faith and in accordance with the resident's advanced directives. (Sec. 1)

5. Clarifies that the liability exclusion does not apply to a person acting with gross negligence while rendering care. (Sec. 1)

6. Allows AZDHS to adopt rules for the implementation of AED devices in continuing care facilities. (Sec. 1)

7. Defines continuing care retirement community and independent living residence.

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11. HB 2317

12. Initials DC Page 0 Regulatory Affairs

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