SB 113 — Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; to exempt certain psychiatric care facilities from the provisions of this bill; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

SB113 ENGROSSEDENROLLED 1VWPZ3-21VWPZ3-3 By Senators Gudger, Roberts, Waggoner, Barfoot, Elliott, Williams, Chambliss, Kelley, Hovey, Sessions, Stutts, Bell, Albritton, Shelnutt, Melson, Livingston, Scofield, Reed, Weaver, Givhan, Allen, Butler, Jones, Orr, Chesteen, Price, Carnley RFD:

21-Mar-23 Page 0 SB113 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to health care facilities;

and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a Page 1 SB113 Engrossed public health emergency.

The Legislature finds that Representative Debbie Wood, whose mother, Peggy Hamby, succumbed to COVID-19, is forever remembered by the Alabama Legislature in the spirit Page 1 SB113 Enrolled of this bill.

Page 2 SB113 Engrossed (1) Infection control and education policies for visitors.

(3) The permissible length of visits and numbers of Page 2 SB113 Enrolled visitors in accordance with this section.

This subsection does not require an essential caregiver to provide necessary care Page 3 SB113 Engrossed to a resident, client, or patient of a facility, and facilities may not require an essential caregiver to provide such care.

If a patient, client, or resident is incapacitated and unable to designate an essential caregiver, Page 3 SB113 Enrolled one of the following shall appoint an essential caregiver on behalf of the patient, client, or resident, in the following order of priority:

95 2.

If the individual does not have a guardian or a durable power of attorney, a family member shall appoint an essential caregiver on behalf of the patient, client, or 95 resident, in the following order of priority:

(g)(3) TheHealth visitationcare policiesfacilities andshall proceduresallow requireda byresident, thisclient, sectionor mustpatient allowto have in-person visitation inwith alla member of the followingclergy circumstances,in unless the resident,same client,manner orthat Pagevisitation 4is SB113provided Engrossedto patientan objects:essential caregiver.

(1)(g) End-of-lifeThe situations.visitation policies and procedures required by this section must allow in-person visitation in all of the following circumstances, unless the resident, client, or patient objects:

Page 4 SB113 Enrolled (1) End-of-life situations.

The health care facility must Page 5 SB113 Engrossed make the visitation policies and procedures available to the Page 5 SB113 Enrolled agency for review at any time, upon request.

Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a Page 6 SB113 Engrossed public health emergency, are repealed.

Page 6 SB113 Enrolled Section 4.

Page 7 SB113 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................21-Mar-23________________________________________________ toSpeaker of the House of Representatives SB113 Senate committee23-Mar-23 onI Healthcarehereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................22-Mar-23and onpassed the calendar:Senate, as amended.

0 amendments Read for the third time and passed ................23-Mar-23 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 8of Representatives Amended and passed:

06-Apr-23 Senate concurred in House amendment 11-Apr-23 By:

Senator Senator Gudger Page 8