Arizona 2022 2022 Regular Session

Arizona House Bill HB2449 Comm Sub / Analysis

Filed 02/07/2022

                     
  	HB 2449 
Initials LC 	Page 1 	Judiciary 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
 
 
HB 2449: care facilities; clergy visitation 
Sponsor: Representative Nguyen, LD 1 
Committee on Judiciary 
Overview 
An emergency measure that outlines clergy visitation requirements to care facilities.  
History 
Current statute requires a hospital to provide notice of its visitation policy to patients. If a hospital's 
visitation policy allows in-person visitation of any kind, and if authorized by the patient, the hospital 
is required to allow clergy to visit the patient in-person for religious purposes. Clergy must comply 
with reasonable health and safety precautions imposed by hospitals with in-person visitation. If a 
hospital's visitation policy does not allow in-person visitation of any kind at all times or temporarily 
for health and safety reasons, the hospital is required to facilitate a virtual clergy visit. (A.R.S. § 
36-407.01). 
Provisions 
1. Requires a care facility to allow clergy to visit a patient if the facility allows in-person visitation 
of any kind, including during a declared state of emergency. (Sec. 1) 
2. Mandates a care facility must allow clergy to visit a patient, upon request, if the patient's death 
is imminent. (Sec.1) 
3. Allows a care facility to require clergy to comply with reasonable health and safety 
precautions. (Sec. 1) 
4. States a care facility is not liable to a person visiting a patient, or to the patient, for civil 
damages resulting from death or injury from a communicable disease resulting from the 
visitation provided the care facility complied with health and safety precautions. (Sec. 1) 
5. Allows a person or religious organization to bring a civil action against the care facility if clergy 
visitation is denied. (Sec. 1) 
6. Defines care facility and patient. (Sec. 1) 
7. Contains an emergency clause. (Sec. 2) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes) ☐ Fiscal Note