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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Title 36, chapter 4, article 1, Arizona Revised
3 Statutes, is amended by adding section 36-420, to read:
4 36-420. Health care institutions; basic life support; first
6 A. EACH HEALTH CARE INSTITUTION THAT IS LICENSED PURSUANT TO THIS
7 CHAPTER AND THAT PROVIDES CONGREGANT OR RESIDENTIAL CARE AND THE HEALTH
8 CARE INSTITUTION’S RESPECTIVE EMPLOYEES, AGENTS AND ASSIGNS HAVE AN
9 AFFIRMATIVE DUTY OF CARE FOR THEIR RESIDENTS.
10 B. HEALTH CARE INSTITUTIONS PRESCRIBED IN SUBSECTION A OF THIS
11 SECTION SHALL PROVIDE BOTH:
12 1. BASIC LIFE SUPPORT, INCLUDING INITIATING IMMEDIATE
13 CARDIOPULMONARY RESUSCITATION BEFORE THE ARRIVAL OF EMERGENCY MEDICAL
14 SERVICES, TO A RESIDENT WHO EXPERIENCES SYMPTOMS OF CARDIAC ARREST OR
15 CESSATION OF RESPIRATION. THE BASIC LIFE SUPPORT SHALL BE IN ACCORDANCE
16 WITH THAT RESIDENT’S ADVANCE DIRECTIVES AND DO-NOT-RESUSCITATE ORDER.
17 STAFF WHO ARE CERTIFIED IN CARDIOPULMONARY RESUSCITATION SHALL BE
18 AVAILABLE AT THE HEALTH CARE INSTITUTION AT ALL TIMES.
19 2. FIRST AID BEFORE THE ARRIVAL OF EMERGENCY MEDICAL SERVICES TO A
20 RESIDENT WHO EXPERIENCES EMERGENCY ILLNESS OR INJURY AND TO A NONINJURED
21 RESIDENT WHO HAS FALLEN AND IS UNABLE TO REASONABLY RECOVER INDEPENDENTLY.
22 THE FIRST AID SHALL BE IN ACCORDANCE WITH THE RESIDENT’S ADVANCE
23 DIRECTIVES AND DO-NOT-RESUSCITATE ORDER. STAFF WHO ARE CERTIFIED IN FIRST
24 AID SHALL BE AVAILABLE AT THE HEALTH CARE INSTITUTION AT ALL TIMES.
25 C. A HEALTH CARE INSTITUTION PRESCRIBED IN SUBSECTION A OF THIS
26 SECTION MAY NOT HAVE, ESTABLISH OR IMPLEMENT POLICIES THAT PREVENT
27 EMPLOYEES FROM PROVIDING IMMEDIATE CARDIOPULMONARY RESUSCITATION, FIRST
28 AID OR EMERGENCY CARE TO THE HEALTH CARE INSTITUTION’S RESIDENTS.
Proposed Amendments on behalf of INtouch Senior Services
line 12 – Replace “Immediate” with “Immediately after calling Emergency medical Services “Many Residential Care Facilities are staffed with 1 caregiver and are unable to call 911 and perform CPR at the same time.
line 14- Strike “Symptoms of Cardiac Arrest or “Some Residents may experience symptoms of Cardiac Arrest but not experience cessation of respiration. If a resident is still breathing on their own, CPR is not warranted.
line 17 & 18 – Strike “Staff who are certified in cardiopulmonary resuscitation shall be available at the health care institution at all times. NCIA Board and AZDHS already mandates that all caregivers be certified in CPR and a caregiver present at all times
line 19 – Add “as appropriate” after First Aid There are situations when CPR is required but First Aid is not and other situations in which only Emergency Medical Services can provide First Aid.
line 23 & 24 – Strike “Staff who are certified in cardiopulmonary resuscitation shall be available at the health care institution at all times. NCIA Board and AZDHS already mandates that all caregivers be certified in CPR and a caregiver present at all times
line 26 – Strike “Policies that prevent ” and insert “A Blanket Policy that in all cases prevents”
line 27- Replace ‘Immediate” with ” Appropriate”
line 28 – Strike “Emergency Care “Residential Caregivers are not trained or licensed to provide emergency care.
This is an education issue not a legislation issue.
This year the Senate Bill has been revised “again” and introduced by Senator Nancy Barto (NBARTO@AZLEG.GOV).
To all Healthcare Providers/Professionals in Arizona, to Older Adults, to Family Members, we need your help again.
SB1373 is repeating what the Arizona Department of Health Services already mandates regarding CPR. Keep in mind that Arizona already mandates every caregiver to be Certified in CPR & First Aid. Its also allowing individuals not specific to the Assisted Living Homes Industry to create Legislation where there already is Regulation and to mandate what Facilities can or cannot put in their Policies & Procedures. If this Bill gets passed, anyone can submit Legislation for Assisted Living without any regard to the Current Regulations already implemented by AZDHS & the NCIA BOARD. This Bill is also asking caregivers in a non medical residential facility to work outside of their scope of practice and access a Resident who experiences “emergency Illness” and is unable to reasonably recover independently prior to calling 911.
Preventative and/or Alternative Options -Making the public more aware of Fall Prevention, Fall Recovery, and when to call 911. -Partnering up with the Assisted Living Facilities and create training classes. -Ask the Board Approved Training Schools to provide more Continued Education Classes on Emergency Services and 911 Calls.-EMS can work with Dispatch Health -Work with NEMSIS and get accurate EMS statistics
Please VOTE NO on SB1373. Visit http://www.azleg.gov and vote if you have previously registered. If you have not previously registered reply with your name & email I will personally register your vote at the State Capital.
Organizations/Companies Opposing the Bill
AZ ASSISTED LIVING FEDERATION OF AMERICA | AZ HEALTH CARE ASSOCIATION | ARIZONA LEADINGAGE | ARIZONA ASSISTED LIVING HOMES ASSOCIATION | ROMANIAN AMERICAN CHAMBER OF COMMERCE AZ CHAPTER| INTOUCH SENIOR SERVICES |RETREAT SENIOR LIVING | BISON LOGISTICS | OLIMPIA’S HOME CARE | INTOUCH MEDICAL SUPPLY | LEISURE TIMES HOME | LIVING LEGACY SENIOR CARE EAST | WINDSONG CARE ASSISTED LIVING | SOLACE HOSPICE | DREAM STREET CARE | KING ASSITED LIVING l & ll | VIP PARADISE CARE | KINDRED HOMES YUMA l & ll | GRACE MANOR | QUALITY SENIOR CARE | PARADISE WEST ASSISTED SENIOR LIVING | NORTH VALLEY ASSISTED LIVING | SENIOR PARADISE LIVING | ALL CARE ASSISTED LIVING | AVALON CARES OF ARIZONA | WEST LANE HOME |
AALHA said; “HB 2260 assumes that assisted living caregivers should be trained to access the severity of a fall and then lift residents who have fallen. In the bill, the assessment and lift it is called “fall recovery.” This is dangerous and bad policy for numerous reasons. All of these reasons evolve around the fact that assisted living homes are non-medical facilities employing non-medical personnel. Every act performed in an assisted living facility requiring any medical knowledge must be approved by a medical practitioner. This bill changes the entire legal landscape of assisted living in Arizona.”
AZ Leading Age said; “HB2260 will impose new regulations on ALL skilled nursing homes, assisted living homes, adult foster care homes, group homes, residential institutions and other similar health care institutions requiring particular staffing 24/7 at your home/center/facility including “certification in cardiopulmonary resuscitation” and “certification in fall recovery” and prohibiting your organization or company from making certain policies. HB2260 will create a new “standard of liability” and all homes/centers/facilities would be subject to lawsuits for failing to explicitly carry out this duty.”
INtouch said; “In reviewing this bill and attending the stakeholders meeting I observed that this bill is based on rumors that ALH’s have No Lift policies and don’t perform CPR. I have yet to find or receive any reports supporting these statements. Assisted Living Homes do not call 911 when a resident in on Hospice, when a Resident can communicate that they are ok. ALH’s have many resources they use, Hoyer’s, 2 person transfers, Mobile Urgent Care. Mobile Doctors order labs and x-rays”
In support of SB1373
Who we’ve contacted? Still supporting SB1373
Thomas Adkins – City of Peoria | Tom Brandhuber-Arizona Ambulance Association| City of Chandler | Michelle Angle, Arizona Ambulance Association| Jason Taylor-Arizona Ambulance Association| Vince Martinez, Arizona Ambulance Association | Dustin Windle, Arizona Ambulance Association | Brendon Blake, AARP | Dana Kennedy, AARP | City of Goodyear | Professional Fire Fighters of Arizona | The Arizona Council of Human Service Providers | City Of Mesa | John Flynn, Arizona Fire District Association | Gail Golec | City of Tucson |Will Humble, Arizona Public Health Association | City of Glendale | City of Scottsdale | Nick Ponder, LEAGUE OF ARIZONA CITIES & TOWNS | City of Yuma | Eddie Sissons, National Association of Social Workers (AZ Chapter)| City of Surprise |