Arkansas § 20-6-404 Visitation and support for patient with disability

Arkansas Statutes

§ 20-6-404 — Visitation and support for patient with disability

(a)Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person to be present with the patient with a disability at all times in the emergency department and during the stay of a patient with a disability in the hospital, office of a healthcare professional, or hospice facility if necessary to facilitate the care of the patient with a disability, including without limitation when the patient with a disability:

(1)Has a cognitive or mental health disability that affects the ability of a patient with a disability to make medical decisions or understand medical advice;

(2)Needs

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(a) Upon the request of a patient with a disability, a hospital, office of a healthcare professional, or hospice facility licensed in this state shall allow a patient with a disability to designate at least three (3) support persons and shall allow at least one (1) support person to be present with the patient with a disability at all times in the emergency department and during the stay of a patient with a disability in the hospital, office of a healthcare professional, or hospice facility if necessary to facilitate the care of the patient with a disability, including without limitation when the patient with a disability: (1) Has a cognitive or mental health disability that affects the ability of a patient with a disability to make medical decisions or understand medical advice; (2) Needs assistance with activities of daily living and the staff are unable to provide or are less effective at providing the assistance; (3) Is deaf, hard of hearing, or has other communication barriers and requires the assistance of a support person to ensure effective communication with staff; (4) Has behavioral health needs that the support person can address more effectively than the staff; or (5) Is making a decision to consent to treatment or refuse treatment. (b) A healthcare professional or healthcare facility shall not discriminate against a patient with a disability by requiring the patient with a disability to: (1) Execute an advance directive or a physician order for life-sustaining treatment as a condition of receiving treatment or visitation; or (2) Agree to a do-not-resuscitate or similar order as a condition of receiving treatment or visitation. (c) This section does not affect any obligation of a healthcare professional or healthcare facility to: (1) Provide patients with effective communication supports or other reasonable accommodations in accordance with federal and state laws; or (2) Make exceptions to the visitor policy of a healthcare facility as a reasonable accommodation under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as existing on January 1, 2021.

Arkansas § 20-6-404 (Visitation and support for patient with disability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.