Bill
Number: S.B. 1393
Floor Amendment
Reference
to: Printed Bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Limits the scope of the legislation to
treatment of COVID-19 or any COVID-19 variant.
2. Limits the applicability of the
legislation from health care institutions to hospitals and health care
providers.
3. Requires a hospital or health care
provider to ensure that a patient who refuses treatment is counseled and given
information on other treatment options.
4. Removes the requirement that health care
institutions that violate a patient's right to treatment refusal pay penalties
and damages to the individual.
5. Requires a hospital to notify a patient
of the right to:
a) leave the hospital; and
b) petition a court if the right to leave
is not honored.
6. States that it is not the hospital's
responsibility to assist with the petition process.
7. Extends, from 24 hours to 48 hours, the
time the superior court must enter judgment of whether preliminary injunctive
relief should be granted, excluding, rather than including, holidays and
weekends.
8. Specifies that the right to refuse
treatment does not apply to minor children.
9. Specifies that the right to leave a
hospital does not apply to:
a) the Arizona State Hospital;
b) minor children; or
c) court-ordered behavioral health
evaluation or treatment.
10. Defines health care provider and immediate
family member.
Page 1, line
5, strike "violations; trial;"
Line 6,
after "relief" insert "; definitions"
Line 7,
after "A." strike remainder of line
Line 8,
strike "title, a health care institution"
insert "A hospital"; after "treatment" insert "for COVID-19
or any variant of COVID-19"
Line 9,
after "treatment" insert a period strike
remainder of line
Strike lines
10 and 11, insert "If a patient refuses a treatment in a
hospital for COVID-19 or any variant of COVID-19, the hospital and
health care provider shall ensure that the patient is counseled and given
information on other treatment options the patient may receive."
Line 12,
strike "institution" insert "provider"
Line 13,
after "treatment" insert "for
COVID-19 or any variant of COVID-19"
Lines 15 and
16, strike "A patient" insert "Patients"
Strike lines
18 through 21
Reletter to
conform
Line 22,
strike "health care institution" insert "hospital"
Line 25,
after the period strike remainder of line
Strike lines
26 through 28, "this subsection does not apply to the
ARizona state hospital or to treatment under chapter 5 of this title."
Line 30,
after "treatment" insert "for
COVID-19 or any variant of COVID-19"
Strike lines
32 through 44, insert:
"E. A hospital shall notify a patient of the patient's right
to leave the hospital and the patient's right to petition a court if the right
to leave the hospital is not honored. the patient or the patient's
immediate family member may petition the court for the patient's right to leave
the hospital. It is not the hospital's responsibility to assist with the
petition process."
Page 2, line
2, strike "D" insert "C";
strike "twenty-four" insert "forty-eight"
Line 3,
strike "including" insert "excluding"
Line 6, after
"the" strike remainder of line
Strike line
7
Line 8,
strike "incapacitated minor child" insert
"hospital"
Between
lines 8 and 9, insert:
"G. This section does not apply to a minor child.
H. For
the purposes of this section:
1. "Health
care provider" means a physician who is licensed pursuant to title 32,
chapter 13 or 17, a nurse practitioner who is licensed pursuant to title 32,
chapter 15 or a physician assistant who is licensed pursuant to title 32,
chapter 25.
2. "Immediate
family member" means a patient's spouse, parent, child, sibling,
grandparent or legal guardian."
Amend title to conform