Montana 2023 Regular Session

Montana Senate Bill SB308

Introduced
2/9/23  
Refer
2/10/23  
Engrossed
3/3/23  
Refer
3/15/23  
Enrolled
4/14/23  

Caption

Establish patient visitation rights

Impact

If enacted, SB 308 would significantly influence current state laws pertaining to patient rights and healthcare protocols within care facilities, including hospices and hospitals. It establishes a clear mandate for visitation that cannot be annulled by governmental authorities during emergencies, which may require care facilities to adapt their policies and procedures to comply with the new standards. This could lead to an increased legal obligation for facilities to inform patients about their rights and to ensure that they are not unduly restricted from receiving visitors, even during public health crises.

Summary

Senate Bill 308, known as the Patient Visitation Rights Act, is a legislative measure aimed at ensuring patients in care facilities maintain their rights to receive visitors. The bill mandates that patients are entitled to a minimum of 2 hours of in-person visitation per day. This right is designed to enhance the emotional and physical well-being of patients by preserving their relationships with family members and associates, a point emphasized in the legislative intent outlined in the bill. Care facilities are prohibited from restricting these visitation rights during states of emergency, as well as from imposing conditions based on a visitor's vaccination status.

Sentiment

The reception of SB 308 appears to be mostly positive among advocates for patient rights and families, who argue that maintaining personal connections is crucial for patient care. However, there may be concern among healthcare administrators regarding the feasibility of enforcing the visitation mandate, particularly during emergencies or in situations involving infectious diseases. Overall, the sentiment is supportive of enhancing patient welfare, while also requiring careful consideration of practical implications for facility management.

Contention

Notable points of contention around SB 308 include debates over how care facilities would adapt to the mandated visitation hours, particularly in emergency situations where safety protocols are critical. Critics might argue that while the intent of the bill is commendable, enforcing such visitation rights could jeopardize safety during health crises. Additionally, there is a concern about the implications of state interference in operational decisions made by healthcare facilities, with proponents advocating for patient rights and opponents emphasizing the importance of flexible policies that can adapt to varying circumstances.

Companion Bills

No companion bills found.

Previously Filed As

MT HB376

Establish Patient Bill of Rights

MT HB2116

Creates provisions relating to visitation rights of patients

MT AB2549

Patient visitation.

MT AB92

Patient visitation.

MT AB960

Patient visitation.

MT S678

Establishes "New Jersey No Patient Left Alone Act"; requires certain facilities to establish policies guaranteeing visitation rights for facility residents.

MT S2520

Establishes "New Jersey No Patient Left Alone Act"; requires certain facilities to establish policies guaranteeing visitation rights for facility residents.

MT SB257

Patients' and residents' rights to visitors in a health care facility, restricting visitation, and liability for the actions of visitors.

MT AB257

Patients' and residents' rights to visitors in a health care facility, restricting visitation, and liability for the actions of visitors.

MT HB758

No Patient Left Alone Act; create to provide certain visitation rights for hospital patients.

Similar Bills

No similar bills found.