SB 1514 — health care institutions; visitation

Fifty-fifthSenate LegislatureEngrossed Judiciaryhealth Secondcare Regularinstitutions; Session S.B.

1514visitation PROPOSED(now: HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B.

1514hospitals; (Reference to Senate engrossed bill) Page 1, line 6, before "Visitation" insert "Hospitals;" Line 18, strike "MEMBERS";

aftervisitation; "FAMILY" insert "MEMBERS" Line 26, strike "IS" insert "AS" Line 29, strike "MAY NOT BE" insert "IS NOT" Page 2, line 4, strike "A" insert "THE" Line 13, strike "HEAR CLAIMS" insert "SET A HEARING" Line 14, after "SECTION" insert "TO OCCUR" Line 15, strike ", AND ENTER JUDGMENT WITHIN THAT TIME";

afterpolicy) theState periodof insertArizona "THESenate HEARINGFifty-fifth MAYLegislature BESecond HELDRegular TELEPHONICALLY.Session SENATE BILL 1514 AN ACT REPEALING SECTION 36-407.01, ARIZONA REVISED STATUTES;

IF,AMENDING ONTITLE COMPLETION36, OFCHAPTER THE4, HEARING,ARTICLE THE1, COURTARIZONA HASREVISED SUFFICIENTSTATUTES, INFORMATIONBY TOADDING MAKE A DECISIONNEW ASSECTION TO36-407.01; WHETHER PRELIMINARY INJUNCTIVE RELIEF SHOULD BE GRANTED, THE COURT SHALL ENTER JUDGMENT.

IFRELATING THE COURT DOES NOT HAVE SUFFICIENT INFORMATION TO MAKEHOSPITALS. A DETERMINATION AT THE INITIAL HEARING, THE COURT SHALL SET AN EVIDENTIARY PROCEEDING AS SOON AS POSSIBLE, TAKING INTO CONSIDERATION THE COURT'S CALENDAR, THE AVAILABILITY OF THE PARTIES AND THE EVIDENCE AND THE URGENCY OF THE PETITIONER'S REQUEST.

PRELIMINARY(TEXT INJUNCTIVEOF RELIEFBILL SHALLBEGINS BEON GRANTEDNEXT IFPAGE) THE- PETITIONERi ESTABLISHES- THE CRITERIA FOR INJUNCTIVE RELIEF UNDER THE LAWS OF THIS STATE." House Amendments to S.B.

1514 PageBe 2,it afterenacted lineby 24,the insert:Legislature of the State of Arizona:

"Sec.Section 1.

3.Repeal Section 36-407.01, Arizona Revised Statutes, is repealed.

LegislativeSec. intent The legislature intends that the court resolve the cases arising out of claims filed pursuant to section 36-407.01, subsection F, Arizona Revised Statutes, as added by this act, as quickly as possible." Amend title to conform JACQUELINE PARKER 1514BLANK 03/18/2022 05:23 PM C:

MH2. 1514PARKER 03/22/2022 10:15 AM H:

LC/lsTitle -2-36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding a new section 36-407.01, to read:

36-407.01.

Visitation policies;

notice;

communication devices;

court petition;

definitions A.

A HOSPITAL SHALL PROVIDE NOTICE OF ITS VISITATION POLICY TO EACH PATIENT OR THE PATIENT'S REPRESENTATIVE.

THE POLICY MUST ALLOW BOTH OF THE FOLLOWING:

1.

FOR THE PATIENT TO BE ACCOMPANIED BY AT LEAST TWO VISITORS OF THE PATIENT'S CHOOSING.

IF A PATIENT IS STAYING IN A ROOM WITH ANOTHER PATIENT, THE HOSPITAL MAY LIMIT EACH PATIENT TO ONE VISITOR AT A TIME.

THE PATIENT MUST BE FREE TO CHANGE THE IDENTITY OF THESE VISITORS AS OFTEN AS THE PATIENT WISHES.

2.

IF A SERIOUS POSSIBILITY EXISTS THAT THE PATIENT WILL LOSE CONSCIOUSNESS OR DIE WITHIN TWENTY-FOUR HOURS OR IF THE PATIENT HAS LOST CONSCIOUSNESS, FOR ALL MEMBERS OF THE PATIENT'S IMMEDIATE FAMILY AND A CLERGY MEMBER OF THE PATIENT'S CHOOSING TO VISIT THE PATIENT IMMEDIATELY AND ON DEMAND UNLESS THE PATIENT HAS EXPRESSED A CONTRARY PREFERENCE.

B.

A HOSPITAL'S VISITATION POLICY MAY:

1.

NOT PLACE TIME RESTRICTIONS ON PATIENT VISITATION.

2.

EXCLUDE VISITORS FROM THE EMERGENCY DEPARTMENT, FROM AREAS WHERE SURGERIES OR PROCEDURES ARE PERFORMED OR PATIENTS ARE RECOVERING FROM A SURGERY OR PROCEDURE AND FROM ANY AREA THE HOSPITAL DESIGNATES IN THE POLICY IS NOT APPROPRIATE FOR VISITORS.

C.

HOSPITAL STAFF MAY ASK A PATIENT'S VISITOR TO LEAVE AT THE REQUEST OF THE PATIENT, FOR CONFIDENTIALITY OR PRIVACY PURPOSES OR BECAUSE OF THE VISITOR'S CONDUCT.

DURING TIMES WHEN A VISITOR MAY NOT BE ALLOWED TO BE WITH A PATIENT, THE HOSPITAL SHALL PROVIDE A WAITING AREA FOR THE VISITOR AND THE PATIENT'S HEALTH CARE PROVIDER SHALL COMMUNICATE REGULARLY WITH THE VISITOR ABOUT THE PATIENT'S HEALTH CONDITION AND CARE.

D.

A HOSPITAL SHALL ALLOW PATIENTS TO COMMUNICATE PROMPTLY AND ON DEMAND WITH ANY PERSON OF THEIR CHOICE.

EACH HOSPITAL SHALL HAVE A POLICY ADDRESSING THE USE OF COMMUNICATION DEVICES, INCLUDING CELL PHONES, SMARTPHONES AND PERSONAL COMPUTERS.