§ 68-11-276 — Patient's right to receive visitation during period when COVID-19 is healthcare concern

(a) As used in this section: (1) "Family member" means a spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted child, or spouse's parent; (2) "Hospital" has the same meaning as defined in § 68-11-201 ; and (3) "Patient representative" means a family member or another individual, chosen by a hospital patient, to act on behalf of the patient in order to support the patient in decision-making; access medical, social, or other personal information for or from the hospital; manage financial matters; or receive notifications. (b) (1) A hospital shall implement written policies and procedures regarding the patient's right to receive visitation during a period when COVID-19 is a healthcare concern, including: (A) Policies and procedures setting forth any clinically necessary or reasonable restriction or limitation that the hospital may need to place on a patient's right to visitation; and (B) The reasons for the clinically necessary or reasonable restriction. (2) For purposes of allowing visitation during a period when COVID-19 is a healthcare concern, a hospital shall: (A) Inform the patient or patient representative of the patient's visitation rights, including any clinical restriction or limitation on such rights; (B) Inform the patient or patient representative of the right, subject to the patient's or patient representative's consent, to receive visitors whom the patient or patient representative designates and the patient's or patient representative's right to withdraw such consent at any time; and (C) Not restrict, limit, or deny visitation privileges on the basis of race, color, national origin, religion, sex, or disability. (3) A hospital shall not restrict a patient from having at least one (1) patient representative as a visitor during a period when COVID-19 is a healthcare concern, as long as the patient representative agrees to follow all safety protocols established by the hospital pursuant to this subsection (b), which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the hospital. (4) This subsection (b) does not preclude a hospital from placing limitations on the frequency and duration of visitation in areas of the hospital that necessitate a higher level of safety protocols.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1073, s 3, eff. 5/25/2022.