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REFERENCE TITLE: continuing care; automated external defibrillators |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2317 |
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Introduced by Representative Gress
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An Act
amending title 36, chapter 4, article 2, Arizona Revised Statutes, by adding section 36-434.02; relating to health 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 2, Arizona Revised Statutes, is amended by adding section 36-434.02, to read:
36-434.02. Continuing care retirement communities; automated external defibrillators; immunity; rules; definitions
A. A continuing care retirement community with at least seventeen beds shall have on the premises at all times a functioning automated external defibrillator.
B. Continuing care retirement community staff may withhold or withdraw cardiopulmonary resuscitation or the use of an automated external defibrillator on a resident in accordance with that resident's advance directives.
C. A continuing care retirement community or staff that withholds or withdraws cardiopulmonary resuscitation or the use of an automated external defibrillator in accordance with a resident's advance directives is not liable for any civil damages as the result of any act or omission by the person withholding or withdrawing such care. This liability exclusion applies only if the cardiopulmonary resuscitation or the use of the automated external defibrillator is withheld or withdrawn in good faith and in accordance with the resident's advance directives. This liability exclusion does not apply to a person who acts with gross negligence while rendering care.
D. The department may adopt rules to implement this section.
E. For the purposes of this section:
1. "automated external defibrillator" has the same meaning prescribed in section 36-2261.
2. "Continuing care retirement community":
(a) Means a campus that offers a continuum of care services under the same management.
(a) includes assisted living centers and independent living residences.
3. "Independent living residence" means an age-restricted community of separate residences in which residents do not need care but assistance in the case of an emergency or accident is available twenty-four hours a day and OCCASIONAL assistance with some routine activities of daily living is offered.