§ 20-6-413 — Construction

(a) This subchapter does not apply to: (1) The Arkansas State Hospital; (2) A minor who is: (A) In the custody of the Division of Children and Family Services; or (B) A suspected victim in a pending maltreatment investigation; (3) An individual who is in the custody of the Department of Corrections; or (4) An individual who is attending a preventive healthcare office visit during which evidence-based guidelines for preventive care recommend a confidential visit component for youth, as mutually agreed to by the patient and his or her physician. (b) This subchapter does not: (1) Affect the rights of a legal guardian or holder of a power of attorney; or (2) Waive or change the long-term care facility residents' rights under § 20-10-1204 . (c) The requirements under this subchapter shall be established as a minimum for visitation in a healthcare facility but do not limit visitation at a healthcare facility to only visitation outlined in this subchapter. (d) The rights specified in this subchapter shall not be terminated, suspended, or waived by: (1) A healthcare facility; (2) The Department of Health; (3) The State Board of Health; (4) The Department of Human Services; or (5) The Governor upon declaring a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., or ordering the board to take action under § 20-7-110 , or both.

Legislative History

Added by Act 2021, No. 311,§ 1, eff. 3/10/2021.