Arizona 2023 Regular Session

Arizona House Bill HB2503 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: patient visitation; hospitals State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2503 Introduced by Representative Montenegro An Act repealing section 36-407.03, Arizona Revised Statutes; amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding a new section 36-407.03; relating to health care institutions. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: patient visitation; hospitals
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
11	11	HB 2503
12	12	Introduced by Representative Montenegro
13	13
14	14	REFERENCE TITLE: patient visitation; hospitals
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2503
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representative Montenegro
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	repealing section 36-407.03, Arizona Revised Statutes; amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding a new section 36-407.03; relating to health care institutions.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Repeal Section 36-407.03, Arizona Revised Statutes, is repealed. Sec. 2. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding a new section 36-407.03, to read: START_STATUTE36-407.03. Hospitals; visitation policies; notice; communication devices; court petition; exceptions; definitions A. A hospital shall provide notice of its visitation policy to each patient or the patient's representative. The VISITATION policy must allow both of the following: 1. For the patient to be accompanied by at least two visitors of the patient's choice. 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 patient's choice of 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 Not place time restrictions on patient visitation. C. A hospital's visitation policy may 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. D. 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 is not 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. E. A hospital shall allow each patient to communicate promptly and on demand with any person of the patient's choice. Each hospital shall have a policy addressing the use of communication devices. The policy shall address areas of the hospital where and instances when communication devices may be restricted, taking into consideration patient confidentiality and privacy. A hospital may not: 1. Prohibit patients from having communication devices with them. 2. Prohibit patients from having communication devices brought to them promptly on demand or fail to provide means by which such a request may be expeditiously made by the patient. F. A hospital shall notify a patient of the patient's right to visitation and the patient's right to petition a court if the right to visitation is not honored. If a patient's right to visitation is not honored, the patient or the patient's immediate family member may request to meet with a person the hospital has designated to resolve visitation denials or disputes within one business day to resolve the issue. A meeting requested with the hospital's designated person pursuant to this subsection shall preferably be in person but may occur using audio or video capabilities. If a meeting does not occur and the visitation issue is not resolved, the patient or the patient's immediate family member may petition the court to resolve the patient's right to visitation. The hospital is not required to assist with the petition process. G. The superior court in each county shall hear claims for a violation of this section within forty-eight hours, excluding holidays and weekends, and enter judgment within that time. H. This section does not apply to a minor child, the Arizona state HOSPITAL or chapter 5 of this title. I. Notwithstanding any other provision of this section, visitation rights provided pursuant to this section may be temporarily restricted, as prescribed in rule by the department, if the governor declares an emergency shortage of personal protective equipment. J. For the purposes of this section: 1. "Communication device" includes a cell phone, smartphone and personal computer. 2. "Health care provider" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner who is licensed pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25. 3. "Immediate family member" means a patient's spouse, parent, child, sibling, grandparent or legal guardian.END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Repeal
83	83
84	84	Section 36-407.03, Arizona Revised Statutes, is repealed.
85	85
86	86	Sec. 2. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding a new section 36-407.03, to read:
87	87
88	88	START_STATUTE36-407.03. Hospitals; visitation policies; notice; communication devices; court petition; exceptions; definitions
89	89
90	90	A. A hospital shall provide notice of its visitation policy to each patient or the patient's representative. The VISITATION policy must allow both of the following:
91	91
92	92	1. For the patient to be accompanied by at least two visitors of the patient's choice. 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 patient's choice of visitors as often as the patient wishes.
93	93
94	94	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.
95	95
96	96	B. A hospital's visitation policy may Not place time restrictions on patient visitation.
97	97
98	98	C. A hospital's visitation policy may 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.
99	99
100	100	D. 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 is not 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.
101	101
102	102	E. A hospital shall allow each patient to communicate promptly and on demand with any person of the patient's choice. Each hospital shall have a policy addressing the use of communication devices. The policy shall address areas of the hospital where and instances when communication devices may be restricted, taking into consideration patient confidentiality and privacy. A hospital may not:
103	103
104	104	1. Prohibit patients from having communication devices with them.
105	105
106	106	2. Prohibit patients from having communication devices brought to them promptly on demand or fail to provide means by which such a request may be expeditiously made by the patient.
107	107
108	108	F. A hospital shall notify a patient of the patient's right to visitation and the patient's right to petition a court if the right to visitation is not honored. If a patient's right to visitation is not honored, the patient or the patient's immediate family member may request to meet with a person the hospital has designated to resolve visitation denials or disputes within one business day to resolve the issue. A meeting requested with the hospital's designated person pursuant to this subsection shall preferably be in person but may occur using audio or video capabilities. If a meeting does not occur and the visitation issue is not resolved, the patient or the patient's immediate family member may petition the court to resolve the patient's right to visitation. The hospital is not required to assist with the petition process.
109	109
110	110	G. The superior court in each county shall hear claims for a violation of this section within forty-eight hours, excluding holidays and weekends, and enter judgment within that time.
111	111
112	112	H. This section does not apply to a minor child, the Arizona state HOSPITAL or chapter 5 of this title.
113	113
114	114	I. Notwithstanding any other provision of this section, visitation rights provided pursuant to this section may be temporarily restricted, as prescribed in rule by the department, if the governor declares an emergency shortage of personal protective equipment.
115	115
116	116	J. For the purposes of this section:
117	117
118	118	1. "Communication device" includes a cell phone, smartphone and personal computer.
119	119
120	120	2. "Health care provider" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner who is licensed pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25.
121	121
122	122	3. "Immediate family member" means a patient's spouse, parent, child, sibling, grandparent or legal guardian.END_STATUTE