Alabama Senate Bill SB113

Alabama 2023 Regular Session

• Introduced: 3/21/23
• Refer: 3/21/23
• Report Pass: 3/22/23
• Engrossed: 3/23/23
• Refer: 3/23/23
• Report Pass: 4/5/23
• Enrolled: 4/11/23
• Passed: 4/11/23

Caption

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; to exempt certain psychiatric care facilities from the provisions of this bill; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

Impact

By mandating that healthcare facilities adopt these visitation policies, SB113 aims to enhance the quality of patient care by allowing more access to family members and friends, particularly in emotionally vulnerable situations such as end-of-life care or significant medical decisions. Additionally, the bill stipulates that visitation policies cannot be more stringent than those for facility employees, which includes provisions against requiring proof of vaccination for visitors. This marks a notable shift in regulatory standards, aiming to facilitate supportive relationships between patients and their visitors.

Summary

SB113, known as the Harold Sachs and Anne Roberts Act, amends the Code of Alabama to establish specific visitation rights for patients in healthcare facilities. It requires these facilities to implement visitation policies that guarantee patients the right to be visited by anyone of their choosing during visiting hours, with a minimum of two hours daily guaranteed for essential caregivers. This change is particularly significant in the context of hospital and long-term care settings that were impacted during the COVID-19 pandemic, where visitation rights were heavily restricted. The bill reflects the state's commitment to honoring those who suffered losses during the pandemic by ensuring patients retain personal connections with their loved ones.

Sentiment

The sentiment around SB113 has been generally positive, with supporters viewing it as a crucial step in restoring patient rights and improving emotional well-being amidst the backdrop of past health crises that limited personal interactions in medical settings. The bill has been heavily influenced by experiences during the pandemic, with advocates stressing the importance of personal contact in healthcare environments. However, there are concerns regarding the execution of these policies in a way that adequately addresses infection control, as well as the potential for differing interpretations of safety measures across various healthcare facilities.

Contention

Nonetheless, there are notable points of contention, especially concerning the balance between ensuring patient rights and maintaining stringent health and safety protocols within care facilities. Some critics express concerns that easing visitation restrictions may inadvertently compromise safety in the face of ongoing public health challenges. Moreover, the bill does not apply to psychiatric care facilities, which has led to discussions about the broader implications for mental health care and the challenges that different types of health facilities might face in implementing these new regulations.