Amended IN Assembly May 16, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2549Introduced by Assembly Member Gallagher(Coauthors: Assembly Members Alanis, Alvarez, Chen, Megan Dahle, Dixon, Flora, Hoover, Lackey, Mathis, Joe Patterson, Sanchez, Ta, Waldron, and Wallis)(Coauthors: Senators Jones and Ochoa Bogh)February 14, 2024An act to amend Section 1261 of, and to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of, the Health and Safety Code, relating to patient visitation.LEGISLATIVE COUNSEL'S DIGESTAB 2549, as amended, Gallagher. Patient visitation.Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. Existing law requires a health facility to allow a patients domestic partner, the children of the patients domestic partner, and the domestic partner of the patients parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor.This bill would require a health facility to allow specified persons to visit, including the patients children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit. By expanding an existing crime, the bill would impose a state-mandated local program.This bill would require the State Department of Public Health to, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals. The bill would, among other things, prohibit the guidance provided from including a prohibition on visitation rights, and requires the guidance to explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.This bill would require all hospitals to adopt visitation policies in compliance with the departments guidance no later than July 1, 2026.This bill, the Patient Visitation Rights Act, would make legislative findings regarding the benefits and value of hospital visitation.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1261 of the Health and Safety Code is amended to read:1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 4. Patient Visitation Rights Act131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.131241. The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.131242.(a)(1)The State Department of Public Health shall, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals.(2)The guidance provided under this section shall not include a prohibition on visitation rights.(3)The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.(4)The guidance provided under this section shall include provisions encouraging flexible visitation policies for families, especially those with young children.(5)The guidance shall comply with the requirements of Section 1261.(b)The State Department of Public Health shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.(c)All hospitals shall adopt visitation policies in compliance with the provided guidance no later than July 1, 2026.(d)For purposes of this section, hospitals includes general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined by Section 1250.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly May 16, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2549Introduced by Assembly Member Gallagher(Coauthors: Assembly Members Alanis, Alvarez, Chen, Megan Dahle, Dixon, Flora, Hoover, Lackey, Mathis, Joe Patterson, Sanchez, Ta, Waldron, and Wallis)(Coauthors: Senators Jones and Ochoa Bogh)February 14, 2024An act to amend Section 1261 of, and to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of, the Health and Safety Code, relating to patient visitation.LEGISLATIVE COUNSEL'S DIGESTAB 2549, as amended, Gallagher. Patient visitation.Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. Existing law requires a health facility to allow a patients domestic partner, the children of the patients domestic partner, and the domestic partner of the patients parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor.This bill would require a health facility to allow specified persons to visit, including the patients children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit. By expanding an existing crime, the bill would impose a state-mandated local program.This bill would require the State Department of Public Health to, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals. The bill would, among other things, prohibit the guidance provided from including a prohibition on visitation rights, and requires the guidance to explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.This bill would require all hospitals to adopt visitation policies in compliance with the departments guidance no later than July 1, 2026.This bill, the Patient Visitation Rights Act, would make legislative findings regarding the benefits and value of hospital visitation.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly May 16, 2024 Amended IN Assembly April 01, 2024
Amended IN Assembly May 16, 2024
Amended IN Assembly April 01, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2549
Introduced by Assembly Member Gallagher(Coauthors: Assembly Members Alanis, Alvarez, Chen, Megan Dahle, Dixon, Flora, Hoover, Lackey, Mathis, Joe Patterson, Sanchez, Ta, Waldron, and Wallis)(Coauthors: Senators Jones and Ochoa Bogh)February 14, 2024
Introduced by Assembly Member Gallagher(Coauthors: Assembly Members Alanis, Alvarez, Chen, Megan Dahle, Dixon, Flora, Hoover, Lackey, Mathis, Joe Patterson, Sanchez, Ta, Waldron, and Wallis)(Coauthors: Senators Jones and Ochoa Bogh)
February 14, 2024
An act to amend Section 1261 of, and to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of, the Health and Safety Code, relating to patient visitation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2549, as amended, Gallagher. Patient visitation.
Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. Existing law requires a health facility to allow a patients domestic partner, the children of the patients domestic partner, and the domestic partner of the patients parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor.This bill would require a health facility to allow specified persons to visit, including the patients children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit. By expanding an existing crime, the bill would impose a state-mandated local program.This bill would require the State Department of Public Health to, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals. The bill would, among other things, prohibit the guidance provided from including a prohibition on visitation rights, and requires the guidance to explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.This bill would require all hospitals to adopt visitation policies in compliance with the departments guidance no later than July 1, 2026.This bill, the Patient Visitation Rights Act, would make legislative findings regarding the benefits and value of hospital visitation.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. Existing law requires a health facility to allow a patients domestic partner, the children of the patients domestic partner, and the domestic partner of the patients parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor.
This bill would require a health facility to allow specified persons to visit, including the patients children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit. By expanding an existing crime, the bill would impose a state-mandated local program.
This bill would require the State Department of Public Health to, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals. The bill would, among other things, prohibit the guidance provided from including a prohibition on visitation rights, and requires the guidance to explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.
This bill would require all hospitals to adopt visitation policies in compliance with the departments guidance no later than July 1, 2026.
This bill, the Patient Visitation Rights Act, would make legislative findings regarding the benefits and value of hospital visitation.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1261 of the Health and Safety Code is amended to read:1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 4. Patient Visitation Rights Act131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.131241. The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.131242.(a)(1)The State Department of Public Health shall, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals.(2)The guidance provided under this section shall not include a prohibition on visitation rights.(3)The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.(4)The guidance provided under this section shall include provisions encouraging flexible visitation policies for families, especially those with young children.(5)The guidance shall comply with the requirements of Section 1261.(b)The State Department of Public Health shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.(c)All hospitals shall adopt visitation policies in compliance with the provided guidance no later than July 1, 2026.(d)For purposes of this section, hospitals includes general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined by Section 1250.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1261 of the Health and Safety Code is amended to read:1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.
SECTION 1. Section 1261 of the Health and Safety Code is amended to read:
### SECTION 1.
1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.
1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.
1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.
1261. (a) A health facility shall allow a patients spouse or domestic partner, the patients children, the patients parents, the patients grandchildren, the patients grandparents, the children of the patients spouse or domestic partner, and the spouse or domestic partner of the patients parent or child to visit, unless either of the following is met:
(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.
(B) If circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.
(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.
(b) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.
(c) (1) This section shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.
(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.
(d) For purposes of this section, domestic partner has the same meaning as that term is used in Section 297 of the Family Code.
(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.
SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 4. Patient Visitation Rights Act131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.131241. The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.131242.(a)(1)The State Department of Public Health shall, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals.(2)The guidance provided under this section shall not include a prohibition on visitation rights.(3)The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.(4)The guidance provided under this section shall include provisions encouraging flexible visitation policies for families, especially those with young children.(5)The guidance shall comply with the requirements of Section 1261.(b)The State Department of Public Health shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.(c)All hospitals shall adopt visitation policies in compliance with the provided guidance no later than July 1, 2026.(d)For purposes of this section, hospitals includes general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined by Section 1250.
SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read:
### SEC. 2.
Article 4. Patient Visitation Rights Act131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.131241. The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.131242.(a)(1)The State Department of Public Health shall, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals.(2)The guidance provided under this section shall not include a prohibition on visitation rights.(3)The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.(4)The guidance provided under this section shall include provisions encouraging flexible visitation policies for families, especially those with young children.(5)The guidance shall comply with the requirements of Section 1261.(b)The State Department of Public Health shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.(c)All hospitals shall adopt visitation policies in compliance with the provided guidance no later than July 1, 2026.(d)For purposes of this section, hospitals includes general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined by Section 1250.
Article 4. Patient Visitation Rights Act131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.131241. The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.131242.(a)(1)The State Department of Public Health shall, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals.(2)The guidance provided under this section shall not include a prohibition on visitation rights.(3)The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.(4)The guidance provided under this section shall include provisions encouraging flexible visitation policies for families, especially those with young children.(5)The guidance shall comply with the requirements of Section 1261.(b)The State Department of Public Health shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.(c)All hospitals shall adopt visitation policies in compliance with the provided guidance no later than July 1, 2026.(d)For purposes of this section, hospitals includes general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined by Section 1250.
Article 4. Patient Visitation Rights Act
Article 4. Patient Visitation Rights Act
131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.
131240. This act shall be known, and may be cited, as the Patient Visitation Rights Act.
131241. The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.
131241. The legislature finds and declares all of the following:
(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.
(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.
(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.
(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.
(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.
(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.
(g) The Code of Federal Regulations recognizes the vital role of visitation by codifying visitation rights.
(h) Federal regulations require hospitals to provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.
(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.
(a)(1)The State Department of Public Health shall, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals.
(2)The guidance provided under this section shall not include a prohibition on visitation rights.
(3)The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.
(4)The guidance provided under this section shall include provisions encouraging flexible visitation policies for families, especially those with young children.
(5)The guidance shall comply with the requirements of Section 1261.
(b)The State Department of Public Health shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.
(c)All hospitals shall adopt visitation policies in compliance with the provided guidance no later than July 1, 2026.
(d)For purposes of this section, hospitals includes general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined by Section 1250.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.