The impact of AB 92 on state law pertains to the enforcement of visitation rights within health facilities across California. By stipulating that in-person visitation cannot be denied to family members in end-of-life situations unless the patient disagrees, the bill seeks to enhance emotional and psychological support for patients and their loved ones during critical times. The bill also imposes a requirement for health facilities to develop alternate visitation protocols in the event of health and safety concerns, thereby attempting to strike a balance between visitor rights and safety protocols. This is crucial in the context of lessons learned during the COVID-19 pandemic, where many families suffered under strict visitation restrictions.
Assembly Bill 92, known as Dianes Law, was introduced by Assembly Member Gallagher to amend patient visitation regulations in health facilities. The bill mandates that health facilities must allow specified relatives, including a patient's domestic partner, children, parents, grandparents, and their respective spouses or partners to visit unless certain conditions are met. These conditions include situations where no visitors are permitted, a risk to health or safety is determined, or the patient explicitly denies permission for specific visitors. Notably, the bill aims to ensure that visitation rights are upheld, particularly in end-of-life circumstances, which is a significant concern reflected in the legislative intent.
While the bill is designed to protect patients' rights, there are potential points of contention, primarily regarding how health facilities will implement these visitation policies. Concerns may arise regarding the capabilities of facilities to maintain safety while adhering to expanded visitation rights. Critics may argue that without adequate resources, the health and safety of patients, staff, and visitors could be endangered. Moreover, the bill also indicates that health facilities must ensure that visitors adhere to personal protective equipment protocols similar to those for facility staff, which can cause logistical challenges. Overall, the enforcement of these mandates will require careful consideration to ensure compliance without compromising the safety of all parties involved.