| 1 | | - | (EMERGENCY NOT ENACTED BY THE SENATE) House Engrossed care facilities; clergy visitation State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 CHAPTER 179 HOUSE BILL 2449 An Act amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-407.02; relating to health care institutions. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 3 | | - | (EMERGENCY NOT ENACTED BY THE SENATE) |
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| 1 | + | House Engrossed care facilities; clergy visitation State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HOUSE BILL 2449 An Act amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-407.02; relating to health care institutions. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 70 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.02, to read: START_STATUTE36-407.02. Health care institutions; clergy visitation; health and safety precautions; immunity; civil action; definitions A. If a health care institution's visitation policy allows in-person visitation of any kind, the health care institution must allow a clergy member to visit a resident who requests an in-person visit or consents to be visited in person for religious purposes by the clergy member, including during a declared state of emergency. If a resident is unable, due to dementia or a similar cognitive impairment, to request an in-person visit or to consent to be visited in person by a clergy member for religious purposes, the request or consent must be made or given by the resident's legal representative. B. Notwithstanding any other provision in this chapter, when a resident's death is imminent, a health care institution must allow a clergy member to visit the resident in person for religious purposes if either of the following applies: 1. The resident requests or consents to be visited by the clergy member. 2. The resident's legal representative requests that the resident be visited by the clergy member. C. A health care institution may require clergy to comply with reasonable health and safety precautions, including undergoing health screenings and wearing personal protective equipment, that are imposed by the health care institution in connection with in-person visitation for preventing the spread of communicable diseases. If such a requirement would substantially burden the clergy member's free exercise of religion while carrying out the religious purpose for which the clergy member is visiting while with the resident in the resident's room or visiting area designated by the health care institution, the health care institution may require compliance with such precautions only if compliance in that instance furthers a compelling interest and the health care institution imposes the least restrictive burden on the clergy member's exercise of religion. Notwithstanding any other provision of this chapter, a health care institution may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease. D. A health care institution and its employees and contractors are not liable to a person visiting a resident or to a resident of the health care institution for civil damages for injury or death due to actual or alleged exposure to a communicable disease resulting from or related to a visitation in compliance with this section unless it is proven by clear and convincing evidence that the health care institution failed to substantially comply with the health care institution's applicable health and safety precautions. the immunity prescribed in this subsection does not apply to any act or omission unless there is clear and convincing evidence that the act or omission constitutes gross negligence or wilful or wanton misconduct. E. A person or religious organization may bring a civil action against a health care institution alleging a violation of this section. Any person that successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, reasonable attorney fees and costs and any other appropriate relief. F. For the purposes of this section: 1. "Health care institution" has the same meaning prescribed in section 36-420. 2. "resident" means a person living at or receiving inpatient services from a health care institution. END_STATUTE (EMERGENCY NOT ENACTED) Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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| 65 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.02, to read: START_STATUTE36-407.02. Health care institutions; clergy visitation; health and safety precautions; immunity; civil action; definitions A. If a health care institution's visitation policy allows in-person visitation of any kind, the health care institution must allow a clergy member to visit a resident who requests an in-person visit or consents to be visited in person for religious purposes by the clergy member, including during a declared state of emergency. If a resident is unable, due to dementia or a similar cognitive impairment, to request an in-person visit or to consent to be visited in person by a clergy member for religious purposes, the request or consent must be made or given by the resident's legal representative. B. Notwithstanding any other provision in this chapter, when a resident's death is imminent, a health care institution must allow a clergy member to visit the resident in person for religious purposes if either of the following applies: 1. The resident requests or consents to be visited by the clergy member. 2. The resident's legal representative requests that the resident be visited by the clergy member. C. A health care institution may require clergy to comply with reasonable health and safety precautions, including undergoing health screenings and wearing personal protective equipment, that are imposed by the health care institution in connection with in-person visitation for preventing the spread of communicable diseases. If such a requirement would substantially burden the clergy member's free exercise of religion while carrying out the religious purpose for which the clergy member is visiting while with the resident in the resident's room or visiting area designated by the health care institution, the health care institution may require compliance with such precautions only if compliance in that instance furthers a compelling interest and the health care institution imposes the least restrictive burden on the clergy member's exercise of religion. Notwithstanding any other provision of this chapter, a health care institution may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease. D. A health care institution and its employees and contractors are not liable to a person visiting a resident or to a resident of the health care institution for civil damages for injury or death due to actual or alleged exposure to a communicable disease resulting from or related to a visitation in compliance with this section unless it is proven by clear and convincing evidence that the health care institution failed to substantially comply with the health care institution's applicable health and safety precautions. the immunity prescribed in this subsection does not apply to any act or omission unless there is clear and convincing evidence that the act or omission constitutes gross negligence or wilful or wanton misconduct. E. A person or religious organization may bring a civil action against a health care institution alleging a violation of this section. Any person that successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, reasonable attorney fees and costs and any other appropriate relief. F. For the purposes of this section: 1. "Health care institution" has the same meaning prescribed in section 36-420. 2. "resident" means a person living at or receiving inpatient services from a health care institution. END_STATUTE Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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| 71 | 66 | | |
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| 72 | 67 | | Be it enacted by the Legislature of the State of Arizona: |
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| 73 | 68 | | |
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| 74 | 69 | | Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.02, to read: |
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| 75 | 70 | | |
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| 76 | 71 | | START_STATUTE36-407.02. Health care institutions; clergy visitation; health and safety precautions; immunity; civil action; definitions |
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| 77 | 72 | | |
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| 78 | 73 | | A. If a health care institution's visitation policy allows in-person visitation of any kind, the health care institution must allow a clergy member to visit a resident who requests an in-person visit or consents to be visited in person for religious purposes by the clergy member, including during a declared state of emergency. If a resident is unable, due to dementia or a similar cognitive impairment, to request an in-person visit or to consent to be visited in person by a clergy member for religious purposes, the request or consent must be made or given by the resident's legal representative. |
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| 79 | 74 | | |
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| 80 | 75 | | B. Notwithstanding any other provision in this chapter, when a resident's death is imminent, a health care institution must allow a clergy member to visit the resident in person for religious purposes if either of the following applies: |
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| 81 | 76 | | |
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| 82 | 77 | | 1. The resident requests or consents to be visited by the clergy member. |
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| 83 | 78 | | |
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| 84 | 79 | | 2. The resident's legal representative requests that the resident be visited by the clergy member. |
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| 85 | 80 | | |
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| 86 | 81 | | C. A health care institution may require clergy to comply with reasonable health and safety precautions, including undergoing health screenings and wearing personal protective equipment, that are imposed by the health care institution in connection with in-person visitation for preventing the spread of communicable diseases. If such a requirement would substantially burden the clergy member's free exercise of religion while carrying out the religious purpose for which the clergy member is visiting while with the resident in the resident's room or visiting area designated by the health care institution, the health care institution may require compliance with such precautions only if compliance in that instance furthers a compelling interest and the health care institution imposes the least restrictive burden on the clergy member's exercise of religion. Notwithstanding any other provision of this chapter, a health care institution may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease. |
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| 87 | 82 | | |
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| 88 | 83 | | D. A health care institution and its employees and contractors are not liable to a person visiting a resident or to a resident of the health care institution for civil damages for injury or death due to actual or alleged exposure to a communicable disease resulting from or related to a visitation in compliance with this section unless it is proven by clear and convincing evidence that the health care institution failed to substantially comply with the health care institution's applicable health and safety precautions. the immunity prescribed in this subsection does not apply to any act or omission unless there is clear and convincing evidence that the act or omission constitutes gross negligence or wilful or wanton misconduct. |
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| 89 | 84 | | |
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| 90 | 85 | | E. A person or religious organization may bring a civil action against a health care institution alleging a violation of this section. Any person that successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, reasonable attorney fees and costs and any other appropriate relief. |
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| 91 | 86 | | |
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| 92 | 87 | | F. For the purposes of this section: |
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| 93 | 88 | | |
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| 94 | 89 | | 1. "Health care institution" has the same meaning prescribed in section 36-420. |
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| 95 | 90 | | |
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| 96 | 91 | | 2. "resident" means a person living at or receiving inpatient services from a health care institution. END_STATUTE |
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| 97 | 92 | | |
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