SB 1393 — refusing treatment; right; requirements.

BillSenate Number:Engrossed refusing treatment;

S.B.right;

1393requirements. Floor Amendment Reference to:

PrintedState Billof AmendmentArizona draftedSenate by:Fifty-fifth Legislature Second Regular Session SENATE BILL 1393 AN ACT AMENDING TITLE 36, CHAPTER 11, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 2;

LegRELATING CouncilTO FLOORHEALTH AMENDMENTCARE EXPLANATIONSERVICES. 1.

Limits(TEXT theOF scopeBILL ofBEGINS theON legislationNEXT toPAGE) treatment- ofi COVID-19- orS.B. any COVID-19 variant.

2.1393 Be it enacted by the Legislature of the State of Arizona:

LimitsSection the1. applicability of the legislation from health care institutions to hospitals and health care providers.

3.Title 36, chapter 11, Arizona Revised Statutes, is amended by adding article 2, to read:

RequiresARTICLE a2. hospital or health care provider to ensure that a patient who refuses treatment is counseled and given information on other treatment options.

4.RIGHT TO REFUSE TREATMENT 36-1305.

RemovesRight the requirement that health care institutions that violate a patient's right to treatmentrefuse refusaltreatment; pay penalties and damages to the individual.

5.injunctive relief;

Requiresdefinitions aA. hospital to notify a patient of the right to:

a)A leaveHOSPITAL theMAY hospital;NOT IMPOSE ANY MODE OF TREATMENT FOR COVID-19 OR ANY VARIANT OF COVID-19, INCLUDING VACCINATION, ON A PATIENT WHO DECLINES THE TREATMENT.

andIF b)A petitionPATIENT aREFUSES courtA ifTREATMENT theIN rightA toHOSPITAL leaveFOR isCOVID-19 notOR honored.ANY VARIANT OF COVID-19, THE HOSPITAL AND HEALTH CARE PROVIDER SHALL ENSURE THAT THE PATIENT IS COUNSELED AND GIVEN INFORMATION ON OTHER TREATMENT OPTIONS THE PATIENT MAY RECEIVE.

6.B.

StatesA thatHEALTH itCARE isPROVIDER notMAY theASK hospital'sA responsibilityPATIENT toTO assistSPECIFY withIN theWRITING petitionUNDER process.WHAT CIRCUMSTANCES THE PATIENT WOULD ACCEPT A TREATMENT FOR COVID-19 OR ANY VARIANT OF COVID-19 THAT THE PATIENT HAS PREVIOUSLY DECLINED AND SHALL HONOR THOSE WISHES IF THE PATIENT CANNOT LATER EXPRESS THAT THE PATIENT HAS CHANGED HIS MIND.

7.PATIENTS MAY ALSO PROVIDE WRITTEN OR ORAL DIRECTION TO THE SAME EFFECT OF THEIR OWN ACCORD.

Extends,C. from 24 hours to 48 hours, the time the superior court must enter judgment of whether preliminary injunctive relief should be granted, excluding, rather than including, holidays and weekends.

8.A PATIENT HAS THE RIGHT TO LEAVE A HOSPITAL AT ANY TIME.

SpecifiesIF thatTHE thePATIENT rightBECOMES toINCAPACITATED, refuseA treatmentPERSON doesAUTHORIZED notTO applyACT toON minorTHE children.PATIENT'S BEHALF PURSUANT TO SECTION 14-5501 OR 36-3221 MAY EXERCISE THIS RIGHT ON THE PATIENT'S BEHALF.

9.THIS SUBSECTION DOES NOT APPLY TO THE ARIZONA STATE HOSPITAL OR TO TREATMENT UNDER CHAPTER 5 OF THIS TITLE.

SpecifiesD. that the right to leave a hospital does not apply to:

a)FOR theTHE ArizonaPURPOSES StateOF Hospital;THIS SECTION, A TRACKING OR MONITORING DEVICE SHALL BE CONSIDERED TO BE A MODE OF TREATMENT FOR COVID-19 OR ANY VARIANT OF COVID-19 WHETHER OR NOT IT IS DIRECTLY RELATED TO A PATIENT'S TREATMENT.

b)E. minor children;

or c) court-ordered behavioral health evaluation or treatment.

10.Defines health care provider and immediate family member.

Amendment explanation prepared by Maelinn Chow 03/08/2022 Fifty-fifth Legislature Barto Second Regular Session S.B.

1393 BARTO FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.

1393 (Reference to printed bill) Page 1, line 5, strike "violations;

trial;" Line 6, after "relief" insert ";

definitions" Line 7, after "A." strike remainder of line Line 8, strike "TITLE, A HEALTH CARE INSTITUTION" insert "A HOSPITAL";

after "TREATMENT" insert "FOR COVID-19 OR ANY VARIANT OF COVID-19" Line 9, after "TREATMENT" insert a period strike remainder of line Strike lines 10 and 11, insert "IF A PATIENT REFUSES A TREATMENT IN A HOSPITAL FOR COVID-19 OR ANY VARIANT OF COVID-19, THE HOSPITAL AND HEALTH CARE PROVIDER SHALL ENSURE THAT THE PATIENT IS COUNSELED AND GIVEN INFORMATION ON OTHER TREATMENT OPTIONS THE PATIENT MAY RECEIVE." Line 12, strike "INSTITUTION" insert "PROVIDER" Line 13, after "TREATMENT" insert "FOR COVID-19 OR ANY VARIANT OF COVID-19" Lines 15 and 16, strike "A PATIENT" insert "PATIENTS" Strike lines 18 through 21 Reletter to conform Line 22, strike "HEALTH CARE INSTITUTION" insert "HOSPITAL" Line 25, after the period strike remainder of line Strike lines 26 through 28, "THIS SUBSECTION DOES NOT APPLY TO THE ARIZONA STATE HOSPITAL OR TO TREATMENT UNDER CHAPTER 5 OF THIS TITLE." Line 30, after "TREATMENT" insert "FOR COVID-19 OR ANY VARIANT OF COVID-19" Strike lines 32 through 44, insert:

"E.

THE PATIENT OR THE PATIENT'S IMMEDIATE FAMILY MEMBER MAY PETITION THE COURT FOR THE PATIENT'S RIGHT TO -LEAVE 1THE -HOSPITAL. Senate Amendments to S.B.

1393IT LEAVEIS NOT THE HOSPITAL.HOSPITAL'S RESPONSIBILITY TO ASSIST WITH THE PETITION PROCESS.

ITF. IS NOT THE HOSPITAL'S RESPONSIBILITY TO ASSIST WITH THE PETITION PROCESS." Page 2, line 2, strike "D" insert "C";

strikeTHE "TWENTY-FOUR"SUPERIOR insertCOURT "FORTY-EIGHT"IN LineEACH 3,COUNTY strikeSHALL "INCLUDING"HEAR insertCLAIMS "EXCLUDING"FOR LineA 6,VIOLATION afterOF "THE"SUBSECTION strikeC remainderOF ofTHIS lineSECTION StrikeWITHIN lineFORTY-EIGHT 7HOURS, LineEXCLUDING 8,HOLIDAYS strikeAND "INCAPACITATEDWEEKENDS, MINORAND CHILD"ENTER insertJUDGMENT "HOSPITAL"WITHIN BetweenTHAT linesTIME 8AS andTO 9,WHETHER insert:PRELIMINARY INJUNCTIVE RELIEF SHOULD BE GRANTED.

"G.PRELIMINARY INJUNCTIVE RELIEF SHALL BE GRANTED IF IT APPEARS AT THAT TIME THAT THE PATIENT WISHES TO LEAVE THE HOSPITAL.