§ 22-21-433 — Visitation During Declared State Public Health Emergencies; Compliance with Reasonable Safety Protocols; Notice Requirements

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023.(a) During a declared state public health emergency, a health care facility shall continue to allow patients to receive visitors consistent with all applicable federal laws, regulations, and guidelines of the Centers for Medicare and Medicaid Services or Centers for Disease Control and Prevention, or any limitations set by a state or federal public health order.
(b) A health care facility may require the person visiting a patient under this article to comply with all reasonable safety protocols of the health care facility that have been established to protect the health and safety of the visitor, patients, and staff of the health care facility. Accompaniment by a caregiver or visitation from a visitor advocate shall be subject to reasonable restrictions imposed on the caregiver or visitor advocate because of any of the following:
(1) A patient’s or resident’s likelihood of exposing someone to an infectious disease is not controllable despite using reasonable safety practices, such as personal protective equipment.
(2) A caregiver or visitor advocate actively exhibiting symptoms relating to an infectious disease.
(3) Lack of adherence to proper infection control practices.
(c) A health care facility shall follow all federal laws and regulations that require notice to each patient of his or her visitation rights. If there is any clinical restriction or limitation of the right, the patient is required to be informed of the limitations when he or she is informed of his or her rights under this section. Visitation may not be further restricted, limited, or otherwise denied on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability.

Legislative History

(Act 2021-470, §4.)