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REFERENCE TITLE: visitation; religious counselors; health facilities |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1297 |
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Introduced by Senator Rogers
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AN ACT
Amending Title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-407.02; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.02, to read:
36-407.02. Health care facilities; religious counselors; in-person visitation; definitions
A. Except as provided in subsection C of this section, a health care facility may not prohibit a patient or resident of the HEALTH care facility from receiving in-person visitation with a religious counselor during a public health emergency on the request of either of the following:
1. The patient or resident.
2. If the patient or resident is incapacitated, the patient's or resident's legally authorized representative, including a family member of the patient or resident.
B. Notwithstanding subsection A of this section, the director shall develop guidelines to assist health care facilities in establishing in-person religious counselor visitation policies and procedures. The guidelines must, at a minimum:
1. Establish minimum health and safety requirements for in-person visitation with religious counselors.
2. Allow health care facilities to adopt reasonable time, place and manner restrictions on in-person visitation with religious counselors to:
(a) Mitigate the spread of a communicable disease.
(b) Address the patient's or resident's medical condition.
3. Provide special consideration to patients and residents who are receiving end-of-life care.
4. Allow health care facilities to condition in-person visitation with religious counselors on the religious counselor's compliance with guidelines, policies and procedures established under this subsection.
C. A health care facility may prohibit in-person visitation with a religious counselor during a public health emergency if federal law or a federal agency requires the health care facility to prohibit in-person visitation during that period.
D. For the purposes of this section:
1. "During a public health emergency" means the period of time when the governor has issued a proclamation with respect to a state of emergency for a public health emergency pursuant to section 26-303.
2. "Health care facility" means an assisted living center, an assisted living facility, an assisted living home, hospice, a nursing care institution, a residential care institution or a hospital that is licensed pursuant to this chapter.
3. "Religious counselor" means an individual acting substantially in a pastoral or religious capacity to provide spiritual counsel to other individuals.