Arizona 2025 2025 Regular Session

Arizona Senate Bill SB1054 Engrossed / Bill

Filed 02/28/2025

                    Senate Engrossed   assisted living; hyperbaric oxygen therapy                 State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025               SENATE BILL 1054                                AN ACT   AMending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.06; relating to health care institutions.     (TEXT OF BILL BEGINS ON NEXT PAGE)   

 

 

 

 

Senate Engrossed   assisted living; hyperbaric oxygen therapy
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SENATE BILL 1054

Senate Engrossed

 

assisted living; hyperbaric oxygen therapy

 

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

 

SENATE BILL 1054

 

 

 

 

 

 

 

AN ACT

 

AMending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.06; 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 1, Arizona Revised Statutes, is amended by adding section 36-420.06, to read: START_STATUTE36-420.06. Assisted living; residents; mild hyperbaric oxygen therapy; physician orders; informed consent; rules A. Notwithstanding any other law, assisted living homes and assisted living centers may offer mild hyperbaric oxygen therapy to their residents through the use of a class II mild hyperbaric oxygen chamber that has been registered under section 510(k) of the federal food, drug, and cosmetic act (52 Stat. 1040; 21 United States Code section 1 through 905) for home use as prescribed by or under the direction of a physician and from which residents are able to independently extricate themselves. B. An assisted living home or assisted living center that offers mild hyperbaric oxygen therapy to its residents pursuant to this section shall: 1. Ensure that the use of the mild hyperbaric oxygen therapy by residents is provided only on the order of a physician. 2. Ensure that a facility staff member who has received training approved by the manufacturer is on-site any time a resident receives mild hyperbaric oxygen therapy. 3. Provide a notice to each resident who receives mild hyperbaric oxygen therapy that the United States food and drug administration has approved the device to treat mild symptoms consistent with acute mountain sickness and that any other use is considered off-label. The notice shall provide known information about contraindications and risks and recommend that the resident consult the resident's treating physician about any personal health risks. C. An assisted living home or assisted living center may not offer mild hyperbaric oxygen therapy to a resident who requires directed care services unless the therapy is provided on the order of the resident's treating physician and the resident or the resident's authorized representative provides informed consent.  D. The department may adopt any necessary rules for the purposes of this section. END_STATUTE   

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-420.06, to read:

START_STATUTE36-420.06. Assisted living; residents; mild hyperbaric oxygen therapy; physician orders; informed consent; rules

A. Notwithstanding any other law, assisted living homes and assisted living centers may offer mild hyperbaric oxygen therapy to their residents through the use of a class II mild hyperbaric oxygen chamber that has been registered under section 510(k) of the federal food, drug, and cosmetic act (52 Stat. 1040; 21 United States Code section 1 through 905) for home use as prescribed by or under the direction of a physician and from which residents are able to independently extricate themselves.

B. An assisted living home or assisted living center that offers mild hyperbaric oxygen therapy to its residents pursuant to this section shall:

1. Ensure that the use of the mild hyperbaric oxygen therapy by residents is provided only on the order of a physician.

2. Ensure that a facility staff member who has received training approved by the manufacturer is on-site any time a resident receives mild hyperbaric oxygen therapy.

3. Provide a notice to each resident who receives mild hyperbaric oxygen therapy that the United States food and drug administration has approved the device to treat mild symptoms consistent with acute mountain sickness and that any other use is considered off-label. The notice shall provide known information about contraindications and risks and recommend that the resident consult the resident's treating physician about any personal health risks.

C. An assisted living home or assisted living center may not offer mild hyperbaric oxygen therapy to a resident who requires directed care services unless the therapy is provided on the order of the resident's treating physician and the resident or the resident's authorized representative provides informed consent. 

D. The department may adopt any necessary rules for the purposes of this section. END_STATUTE