West Virginia 2022 Regular Session

West Virginia Senate Bill SB614

Introduced
2/10/22  

Caption

Requiring health care facilities to ensure patients have adequate access to clergy

Impact

The impact of SB614 on state laws is significant. It amends existing statutes to provide clearer provisions regarding patient visitation rights related to spiritual care. Under this law, health care facilities are bound to comply with the requirement to allow clergy visits, broadening the scope of patient rights and potentially improving the emotional and spiritual welfare of patients. The law also includes measures that would protect healthcare facilities from liability regarding visits conducted in compliance with its guidelines, encouraging facilities to allow visits without fear of legal repercussions.

Summary

Senate Bill 614, also known as Mylissa Smith's Law, aims to enhance the rights of patients within healthcare facilities by ensuring that they have adequate access to clergy for spiritual support. This law would require hospitals, nursing homes, and similar facilities to permit clergy to visit patients at reasonable times, provided that such visits do not disrupt clinical care. This legislation underscores the importance of spiritual care in a patient’s treatment process, especially during times of illness or near end-of-life situations.

Sentiment

The sentiment surrounding SB614 appears to be largely positive among supporters who advocate for the integration of spiritual care into healthcare services. Healthcare professionals and clergy members have expressed approval for the bill, seeing it as a necessary step towards recognizing the holistic needs of patients. However, there are concerns among some stakeholders regarding the practical implementation of these provisions, particularly in balancing visitations with maintaining clinical protocols, leading to a nuanced discussion on how the law will be applied in practice.

Contention

Notable points of contention may arise regarding the interpretation and enforcement of visitation rights, especially during public health emergencies where visitor restrictions are often imposed. Critics may argue that while the intent is to facilitate spiritual care, the application of these rules must ensure that they do not interfere with medical care delivery. Additionally, concerns might be raised about how healthcare facilities will manage the enforcement of compliance protocols for clergy and the potential for conflict between healthcare regulations and spiritual needs.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4257

Require visitation immediately following a procedure in a health care facility

WV A3528

Requires parents and guardians be provided access to medical records of minor patients; provides immunity to health care facilities and professionals that provide access to records.

WV S2296

Requires parents and guardians be provided access to medical records of minor patients; provides immunity to health care facilities and professionals that provide access to records.

WV HB98

Provides relative to visitation by members of the clergy of patients and residents at certain licensed health facilities during public health emergencies (Items #28 and 59)

WV SB12

Provides access for patients of hospitals and residents of nursing homes, assisted living facilities, and other adult residential care homes to members of the clergy who volunteer to minister and provide religious sacraments and services, counseling, and mental health support during COVID-19 and other public health emergencies. (gov sig) (Item #28)

WV HB33

Provides access for patients of hospitals and residents of nursing homes, assisted living facilities, and other adult residential care homes to members of the clergy who volunteer to minister and provide religious sacraments and services, counseling, and mental health support during COVID-19 and other public health emergencies (Item #28)

WV HB0127

Health care facilities and clergy.

WV SB925

Patient visitation; visitation from clergy members during declared public health emergency.

WV HB2809

Relating to protections for workers at state health care facilities who report unsafe patient care or unsafe patient conditions

WV HB1689

Patient visitation; request visitation from clergy members during declared public health emergency.

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