Alabama 2023 1st Special Session

Alabama Senate Bill SB2

Introduced
3/8/23  
Refer
3/8/23  
Report Pass
3/9/23  

Caption

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; 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 prohibit any suspension or modification by emergency rule or order; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

Impact

The implementation of SB2 is intended to enhance the quality of patient experience by allowing more flexibility and support through visitors during critical times. The bill emphasizes that visitation policies cannot impose stricter rules on visitors than those governing facility staff, ensuring equitable treatment. Additionally, it requires health care facilities to submit their visitation guidelines to the Department of Public Health and creates a framework for the public to understand and report grievances regarding these policies.

Summary

SB2 aims to reform visitation policies within health care facilities, establishing statutory rights for patients regarding visitors. It stipulates that patients, residents, and clients have the right to receive visitors of their choice during established visiting hours, further mandating the creation of revisited visitation policies that align with these rights. The bill specifically requires that individuals designated as essential caregivers be permitted at least two hours of daily visitation, thereby elevating their role within the care structure by ensuring they can support patients during significant emotional or health-related challenges.

Contention

There are points of contention surrounding SB2, particularly regarding the prohibition of vaccination proof as a requirement for visitors and limitations on health care facilities' ability to restrict visitation during emergencies. Critics may argue that these provisions could compromise safety measures originally put in place during public health emergencies, while supporters advocate for patient rights and family involvement in care processes. Overall, the balance between safety and accessibility for patients during significant life events remains a primary focus in the discussions surrounding this bill.

Companion Bills

No companion bills found.

Previously Filed As

AL HB151

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

AL SB113

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.

AL HB63

Relating to child-care facilities; to add Section 38-7-3.1 to the Code of Alabama 1975; to exempt certain child-care facilities that provide instructional cultural arts programs from licensure requirements; to require exempt child-care facilities to comply with fire and health codes and certain other policies; to require exempt child-care facilities to provide notice that the facility is not licensed and to require parents to submit an affidavit confirming the notice; to require the Department of Human Resources to inspect certain exempt child-care facilities; and to allow the district attorney to investigate certain allegations against an exempt child-care facility.

AL HB134

Relating to assisted living facilities; to amend Section 22-21-25, Code of Alabama 1975, to create the Alabama Assisted Living Board of Mitigation to resolve conflicts between certain assisted living facilities and the Alabama Department of Public Health; and to provide for the membership and duties of the board.

AL SB265

Relating to assisted living facilities; to amend Section 22-21-25, Code of Alabama 1975, to create the Alabama Assisted Living Board of Mitigation to resolve conflicts between certain assisted living facilities and the Alabama Department of Public Health; and to provide for the membership and duties of the board.

AL HB417

Relating to the State Board of Health and emergency medical services; to amend Section 22-18-1, Code of Alabama 1975, to further provide for the requirements for a licensure as a community paramedic; and to prohibit the State Board of Health from requiring a college degree for licensure as a community paramedic.

AL SB50

Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

AL HB101

Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

AL HB354

Relating to education; to amend Section 2 of Act 2022-290, now appearing as Section 16-40A-5, Code of Alabama 1975; to prohibit classroom instruction related to gender identity or sexual orientation in public K-12 schools at certain grade levels and in any grade level in a manner that is not age or developmentally appropriate; to require parents to be notified if there is a change in services or monitoring relating to his or her child's mental, emotional, or physical health; to require parents to be notified of health care services available to students and to allow a parent to opt his or her child out; to require parental consent for certain health care screenings or questionnaires for K-12 students; to provide parents with procedures to express their concern with a local board of education's compliance with certain policies; and to provide a remedy in certain situations.

AL SB43

Health care providers; prohibit enforcement of contractual terms that restrict sharing cost information to patients and consumers

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