§ 26B-2-242 — Visitation policy.

Utah § 26B-2-242

• Jurisdiction: Utah
• Title 26B: Utah Health and Human Services Code
• Ch. 26B-2: Licensing and Certifications
• Part 26B-2-2: Health Care Facility Licensing and Inspection

Text

(1) As used in this section:

(1)(a) "Patient" means an individual who receives care or services from a health care facility.
(1)(b) "Personal representative" means an individual described in 45 C.F.R. Sec. 164.502(g).
(1)(c) "Primary visitor" means an individual who a patient designates under Subsection (3).
(2) A health care facility shall establish visitation policies and procedures that shall, at a minimum, include provisions regarding:

(2)(a) infection control;
(2)(b) infection control education for visitors;
(2)(c) personal protective equipment requirements when necessary for infection control;
(2)(d) for a visitor who is not a primary visitor:
(2)(d)(i) maximum duration of visits;
(2)(d)(ii) maximum number of visitors a patient may have each day;
(2)(d)(iii) maximum number of visitors a patient may have at one time; and
(2)(e) the individual or position at the health care facility that is responsible for ensuring that staff adhere to the policies and procedures.
(3) (3)(a) A patient or the patient's personal representative may designate one individual as a primary visitor.
(3)(b) Except as provided in Subsection (5), a health care facility may not limit the duration or frequency of a primary visitor's visits to the designating patient.
(4) A health care facility may not:

(4)(a) require a visitor or primary visitor to comply with infection control measures that are more restrictive than the infection control measures the health care facility requires of the health care facility's staff;
(4)(b) require a visitor or primary visitor to show proof of vaccination or immunization status;
(4)(c) except as provided in Subsection (5), prohibit physical contact between the visitor and the patient the visitor is visiting; or
(4)(d) deny a visitor or primary visitor access to the patient unless visitation is denied, modified, or limited as provided in Subsection (5).
(5) A health care facility may:

(5)(a) exclude certain areas of the health care facility from visitor and primary visitor access;
(5)(b) require a visitor or a primary visitor to agree in writing to follow the health care facility's visitation policies and procedures before allowing access to the patient;
(5)(c) suspend or refuse in-person visitation for a visitor or a primary visitor if the visitor or primary visitor violates the health care facility's visitation policies and procedures;
(5)(d) remove a visitor or primary visitor or deny visitation, if the patient is undergoing a procedure or receiving treatment that would be impeded by visitation;
(5)(e) deny visitation for a visitor or primary visitor if the patient or personal representative objects to the visit; or
(5)(f) prohibit physical contact or visitation if:
(5)(f)(i) the visit or physical contact is prohibited by law;
(5)(f)(ii) the patient is in the custody of the state; or
(5)(f)(iii) the health care facility determines the visit or physical contact:

(5)(f)(iii)(A) creates a physical safety risk to the patient, the visitor or primary visitor, or the health care facility's staff;
(5)(f)(iii)(B) is counter therapeutic to the patient's well-being; or
(5)(f)(iii)(C) is disruptive to the patient's care or treatment.
(6) A health care facility shall provide the department with a copy of the health care facility's visitation policies and procedures:

(6)(a) upon the department's request; and
(6)(b) when the health care facility:
(6)(b)(i) obtains a license to operate from the department;
(6)(b)(ii) renews the license from the department; and
(6)(b)(iii) changes ownership.
(7) A health care facility shall make visitation policies and procedures created in accordance with this section available on the health care facility's website.
(8) The department shall provide:

(8)(a) a description of the requirements of this section on the department's website; and
(8)(b) a method for the public to report a violation of this section.
(9) This section does not apply to the Utah State Hospital.

Legislative History

Enacted by Chapter 276, 2023 General Session