assisted living; hyperbaric oxygen therapy

Plain English Breakdown

The bill text states it becomes effective on the 'general effective date,' but does not specify a calendar date.

SB1052: Rules for Mild Hyperbaric Oxygen Therapy in Assisted Living

This bill allows assisted living facilities to offer mild hyperbaric oxygen therapy if they use specific FDA-cleared chambers, follow doctor orders, and give residents clear warnings about risks.

What This Bill Does

• Allows assisted living homes and centers to use Class II mild hyperbaric oxygen chambers that are cleared by the FDA for home use.
• Requires a physician's order before any resident can receive this therapy.
• Mandates that a staff member with manufacturer-approved training must be on-site whenever treatment happens.
• Requires facilities to give residents written notice about risks, contraindications, and the fact that most uses are off-label except for mild symptoms consistent with acute mountain sickness.
• Prohibits offering this therapy to residents needing directed care services unless they have a doctor's order and provide informed consent.

Who It Names or Affects

• Assisted living homes
• Assisted living centers
• Residents of these facilities who receive mild hyperbaric oxygen therapy
• The Department of Health Services, which may create rules for this process

Terms To Know

Mild Hyperbaric Oxygen Therapy (HBOT)

A treatment where a person breathes oxygen in a chamber with slightly higher air pressure than normal, using only 25 to 40 percent oxygen.

Class II Mild Hyperbaric Chamber

A specific type of therapy device that the FDA has cleared for home use and allows users to get out by themselves if needed.

Off-label Use

Using a medical device in a way not specifically approved by the FDA, such as using this chamber for conditions other than mild symptoms consistent with acute mountain sickness.

Limits and Unknowns

• The bill becomes effective on the general effective date.
• The official status shows the House third read failed on June 9, 2026, which may prevent this law from becoming active despite earlier progress in the Senate.

Official Summary Text

SB1052 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B.1052

assisted living; hyperbaric
oxygen therapy

Purpose

Allows assisted living homes and assisted
living centers (assisted living facilities) to offer mild hyperbaric oxygen
therapy (HBOT) to residents and outlines requirements and restrictions on HBOT
use.

Background

HBOT
is a
medical treatment in which an individual is placed in a hyperbaric chamber to
breathe 100 percent pure oxygen. In the chamber, the air pressure is raised to
a level higher than normal air pressure, which helps the lungs collect more
oxygen to heal tissue and fight certain infections.
The U.S. Food and Drug Administration (FDA) currently recognizes HBOT as
an approved treatment for the following medical conditions:

1) air and
gas bubbles in blood vessels;

2) severe anemia; 3) severe and large burns; 4) carbon monoxide poisoning; 5)
crush injury;

6) decompression sickness; 7) gas gangrene
; 8) sudden and complete
hearing loss; 9) infection of the skin and bone; 10) radiation injury; 11)
severe skin grafts 12) sudden and painless vision loss; and 13) non-healing
wounds (
FDA
).
In contrast to traditional HBOT, mild HBOT exposes the user to only 25 to 40
percent oxygen (
NLM
).

Assisted
living facilities
are residential care institutions, including adult foster
care homes, that provide or contract to provide supervisory care services,
personal care services or directed care services on a continuous basis.
Assisted living facilities that provide resident rooms or residential units to 11
or more residents are known as
assisted living centers
, while those
facilities that provide resident rooms or residential units to 10 or fewer
residents are known as
assisted living

homes

(
A.R.S. � 36-401
)
.

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Allows
assisted living facilities to offer mild HBOT to residents through a Class II
mild hyperbaric oxygen chamber that:

a)

has received premarket notification
clearance for home use from the FDA;

b)

is
prescribed by or used under the direction of a physician; and

c)

allows
individuals to independently extricate themselves.

2.

Requires assisted living facilities offering HBOT to ensure all HBOT
provided is ordered by a physician and that a staff member who has received
manufacturer-approved training is on-site any time a resident receives HBOT.

3.

Requires assisted living facilities offering HBOT to provide notice to
each resident receiving treatment that:

a)

includes known information about contraindications and risks of HBOT;

b)

recommends consultation with the resident's treating physician about any
personal health risks; and

c)

the device is FDA-approved to treat mild symptoms consistent with acute
mountain sickness and that other use is considered off-label.

4.

Prohibits an assisted living facility from offering HBOT to a resident
requiring directed care services unless the HBOT is ordered by the resident's
treating physician and the resident or an authorized representative provides
informed consent.

5.

Allows the Department of Health Services to adopt any necessary rules
for the purposes of assisted living facility use of HBOT.

6.

Becomes effective on the general effective date.

Prepared by Senate Research

January 14, 2026

MM/MS/hk

Current Bill Text

SB1052 - 572R - S Ver

Senate Engrossed

assisted living;
hyperbaric oxygen therapy

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1052

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_STATUTE
36-420.06.

Assisted living homes and centers; mild hyperbaric oxygen
therapy; physician orders; notice; 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 received
premarket notification clearance from the United States food and drug
administration 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 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 of
using the device 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