Bill
Number: S.B. 1514
Barto
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Limits the
applicability of the legislation from health care institutions to hospitals.
2. Removes
the requirement that hospital visitation policies include the ability for
patients to be constantly accompanied by the patient's visitors
3. Allows
hospitals to limit patient visitors to one at a time if the patient is sharing
a room with another patient.
4. Specifies
that a hospital's visitation policy is prohibited from placing time
restrictions on patient visitation but may exclude visitors from the emergency
department, areas where surgeries or procedures are performed or patients are
recovering, or from any area the hospital designates in policy is not
appropriate for visitation.
5. Allows
hospital staff to ask a patient's visitor to leave upon request of the patient,
for confidentiality or privacy purposes, or because of the visitor's conduct
6. Requires
each hospital to provide waiting areas for patient visitors at times when
visitation is not permitted and to regularly communicate to the visitor about
the patient's condition and care.
7. Requires
each hospital to have a policy regarding the use of communication devices and
outlines policy requirements.
8. Allows
a patient or the patient's immediate family member to request to meet with the
hospital's designee for resolving visitation denials or disputes, within one
business day, if the patient's right to visitation is not honored and to
petition the court if the meeting does not occur and the issue is not resolved.
9. Extends, from 24 hours
to 48 hours, the time in which the superior court must hear claims for
violations of hospital visitation and communication device policy requirements
and enter judgment of whether preliminary injunctive relief should be granted,
excluding, rather than including, holidays and weekends.
10. Removes the requirement
that health care institutions that violate visitation policy requirements pay
penalties and damages to the individual.
11. States
that the outlined visitation and communication device requirements do not apply
to:
a)
the Arizona State Hospital;
b)
minor children; or
c)
individuals receiving court-ordered behavioral health
evaluation or treatment.
12. Defines
health care provider and immediate family member.
Page 1, line 7, strike "violations; damages" insert "court petition; definitions"
Line
8, strike "health care institution" insert
"hospital"
Line
11, strike "constantly"
Line
12, after the period insert "if a patient is staying in a
room with another patient, the hospital may limit each patient to one visitor
at a time."
Between
lines 18 and 19, insert:
"B. A hospital's visitation policy may:
1. Not place time restrictions on patient
visitation.
2. Exclude visitors from the emergency
department, from areas where surgeries or procedures are performed or patients
are recovering from a surgery or procedure and from any area the hospital
designates in the policy is not appropriate for visitors.
C. Hospital staff may ask a patient's
visitor to leave at the request of the patient, for confidentiality or privacy
purposes or because of the visitor's conduct. During times when a visitor may
not be allowed to be with a patient, the hospital shall provide a waiting area
for the visitor and the patient's health care provider shall communicate
regularly with the visitor about the patient's health condition and care."
Reletter
to conform
Page
1, line 19, strike "health care institution"
insert "hospital"
Line
20, after the period insert "Each hospital shall have a
policy addressing the use of communication devices, including cell phones,
smartphones and personal computers. The policy shall address areas of the
hospital where and instances when communication devices may be restricted,
taking into consideration patient confidentiality and privacy.";
strike "health care"
Line
21, strike "institution" insert "hospital"; after "not"
insert ", consistent with the hospital's policy"
Strike
line 27, insert:
"E. A hospital shall notify a
patient of the patient's right to visitation and the patient's right to
petition a court if the right to visitation is not honored. If a patient's
right to visitation is not honored, the patient or a patient's immediate family
member may request to meet with a person the hospital has designated to resolve
visitation denials or disputes within one business day to resolve the issue. A
meeting requested with hospital administration pursuant to this subsection
shall preferably be in person but may occur using audio or video capabilities.
If a meeting does not occur and the visitation issue is not resolved, the
patient or the patient's immediate family member may petition the court to
resolve the patient's right to visitation. It
is not the hospital's responsibility to assist with the petition process."
Reletter
to conform
Line
29, strike "twenty-four" insert "forty-eight"; strike "including"
insert "excluding"
Page
1, line 30, after "time" insert a period strike
remainder of line
Strike
lines 31 through 46, insert:
"G. This section does not apply to a minor child, the
Arizona state HOSPITAL or chapter 5 of this title.
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