| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 960Introduced by Assembly Member GarciaFebruary 20, 2025 An act to add Section 1261.1 to the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGESTAB 960, as introduced, Garcia. 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, a 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 a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless specified conditions are met, including, but not limited to, that the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of the facility. The bill would authorize a health facility to require visitors to adhere to personal protective equipment and testing protocols, as specified, and does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation. The bill would specify that its provisions do 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. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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 1261.1 is added to the Health and Safety Code, to read:1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a 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) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors.(3) The delivery of medical care would be impeded by the presence of the family or friend caregiver.(b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.(c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors.(d) 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. 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 960Introduced by Assembly Member GarciaFebruary 20, 2025 An act to add Section 1261.1 to the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGESTAB 960, as introduced, Garcia. 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, a 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 a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless specified conditions are met, including, but not limited to, that the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of the facility. The bill would authorize a health facility to require visitors to adhere to personal protective equipment and testing protocols, as specified, and does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation. The bill would specify that its provisions do 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. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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 |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 960 |
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| 15 | 15 | | Introduced by Assembly Member GarciaFebruary 20, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Garcia |
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| 18 | 18 | | February 20, 2025 |
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| 20 | 20 | | An act to add Section 1261.1 to the Health and Safety Code, relating to health facilities. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 960, as introduced, Garcia. Patient visitation. |
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| 28 | 28 | | 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, a 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 a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless specified conditions are met, including, but not limited to, that the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of the facility. The bill would authorize a health facility to require visitors to adhere to personal protective equipment and testing protocols, as specified, and does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation. The bill would specify that its provisions do 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. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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. |
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| 30 | 30 | | 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, a 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. |
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| 32 | 32 | | This bill would require a health facility to allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless specified conditions are met, including, but not limited to, that the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of the facility. The bill would authorize a health facility to require visitors to adhere to personal protective equipment and testing protocols, as specified, and does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation. The bill would specify that its provisions do 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. By expanding the scope of a crime, this bill would impose a state-mandated local program. |
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| 34 | 34 | | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 1261.1 is added to the Health and Safety Code, to read:1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a 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) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors.(3) The delivery of medical care would be impeded by the presence of the family or friend caregiver.(b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.(c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors.(d) 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. 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. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 1261.1 is added to the Health and Safety Code, to read:1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a 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) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors.(3) The delivery of medical care would be impeded by the presence of the family or friend caregiver.(b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.(c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors.(d) 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. |
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| 50 | 50 | | SECTION 1. Section 1261.1 is added to the Health and Safety Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a 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) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors.(3) The delivery of medical care would be impeded by the presence of the family or friend caregiver.(b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.(c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors.(d) 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. |
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| 56 | 56 | | 1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a 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) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors.(3) The delivery of medical care would be impeded by the presence of the family or friend caregiver.(b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.(c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors.(d) 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. |
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| 58 | 58 | | 1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a 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) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors.(3) The delivery of medical care would be impeded by the presence of the family or friend caregiver.(b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.(c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors.(d) 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. |
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| 62 | 62 | | 1261.1. (a) A health facility shall allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless any of the following conditions apply: |
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| 64 | 64 | | (1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility. |
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| 66 | 66 | | (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. |
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| 68 | 68 | | (2) This section does not require a health facility to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with demonstrated dementia needs while at the same time recognizing hospitals obligations to provide a safe environment for patients, staff, and visitors. |
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| 70 | 70 | | (3) The delivery of medical care would be impeded by the presence of the family or friend caregiver. |
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| 72 | 72 | | (b) A health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required for facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff. |
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| 74 | 74 | | (c) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors. |
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| 76 | 76 | | (d) 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. |
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| 78 | 78 | | SEC. 2. 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. |
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| 80 | 80 | | SEC. 2. 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. |
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| 82 | 82 | | SEC. 2. 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. |
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| 84 | 84 | | ### SEC. 2. |
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