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HB4012 - 572R - I Ver
REFERENCE TITLE:
special needs patients; health facilities
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4012
Introduced by
Representative
Crews
AN
ACT
Amending title 36, Arizona Revised
Statutes, by adding chapter 43; relating to patient care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes,
is amended by adding chapter 43, to read:
CHAPTER 43
PATIENTS WITH SPECIAL NEEDS
ARTICLE 1. GENERAL PROVISIONS
START_STATUTE
36-4301.
Definitions
In this chapter, unless the context otherwise
requires:
1. "Department" means the
department of health services.
2. "Health care facility"
means a hospital, emergency department, urgent care center or other medical
facility that is licensed and regulated pursuant to chapter 4 of this title.
3. "Health care provider"
means a licensed professional who is involved in direct patient care.
4. "Nonverbal patient"
means an individual who is unable to communicate verbally due to a
developmental, neurological, medical or physical condition.
5. "Patient Advocate" means
a trained individual who is designated by a health care facility to assist
nonverbal patients and patients with special needs during diagnostic and
treatment processes.
6. "Patient with special
needs" means an individual who has a physical, developmental, intellectual
or sensory disability that significantly affects the patient's ability to
communicate symptoms or pain.
END_STATUTE
START_STATUTE
36-4302.
Enhanced diagnostic evaluations; deviations
A. When a nonverbal patient or a
patient with special needs exhibits symptoms or behaviors that may indicate
serious internal illness or injury, a health care provider shall ensure that an
enhanced diagnostic evaluation is conducted, consistent with clinical judgment
and medically appropriate standards of care.� The evaluation may include, when
clinically indicated:
1. Laboratory testing, including
blood and urine studies.
2. Diagnostic imaging, including
ultrasound, computed tomography scan or magnetic resonance imaging.
3. Additional diagnostic testing
necessary to rule out serious conditions.
B. A health care provider may deviate
from specific diagnostic elements if the deviation is clinically justified and
documented in the patient's medical record.
END_STATUTE
START_STATUTE
36-4303.
Pain assessment; communication
A. EAch Health care facility shall
use evidence-based pain assessment tools that are appropriate for
nonverbal patients and patients with special needs.
B. Each health care provider shall
seek and document input from the family members or caregivers of nonverbal
patients or patients with special needs who are familiar with the patient's
baseline behavior and typical expressions of pain or distress.
C. Each health care facility shall
make reasonable efforts to provide appropriate communication supports,
including assistive communication tools or simplified communication methods.
END_STATUTE
START_STATUTE
36-4304.
Training requirements; rules
A. EAch health care facility shall
ensure that emergency department staff and other relevant personnel receive
annual training on all of the following relating to nonverbal patients and
patients with special needs:
1. Atypical symptom presentation.
2. Specialized pain assessment
methods.
3. Communication strategies and
sensory-sensitive care.
4. Application of enhanced diagnostic
evaluation principles.
B. The department shall establish in
rule the training requirements for health care facilities under this section.
END_STATUTE
START_STATUTE
36-4305.
Patient advocate program
Each health care facility in this state shall
provide access to social work or patient advocacy services for nonverbal
patients and patients with special needs, if requested. Social
workers and patient advocates shall assist with communication, support
caregiver involvement and promote compliance with this article.
END_STATUTE
START_STATUTE
36-4306.
Documentation; reporting
A. EAch health care facility shall
ensure that the medical records of nonverbal patients and patients with special
needs include documentation of diagnostic decisions, communication methods
used, caregiver input and any deviations from enhanced evaluation practices.
B. Each health care facility shall
submit annual compliance data to the department in a form prescribed by the
department.
END_STATUTE
START_STATUTE
36-4307.
Oversight and enforcement; rules
A. The department shall monitor
compliance with this article and may require corrective action or additional
training for health care facilities that are found to be noncompliant,
consistent with existing enforcement authority pursuant to chapter 4 of this
title.
B. The department shall adopt any
rules necessary to implement this article.
END_STATUTE
Sec. 2.
Short title
This act may be cited as "Cito's
Law".