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REFERENCE TITLE: health care institutions; visitation |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1514 |
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Introduced by Senators Barto: Borrelli, Boyer, Gowan, Gray, Kerr, Leach, Livingston, Petersen, Shope, Townsend, Ugenti-Rita
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AN ACT
Repealing section 36-407.01, Arizona Revised Statutes; amending Title 36, chapter 4, article 1, Arizona Revised Statutes, by adding a new section 36-407.01; 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. Repeal
Section 36-407.01, Arizona Revised Statutes, is repealed.
Sec. 2. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding a new section 36-407.01, to read:
36-407.01. Visitation policies; notice; communication devices; violations; damages
A. A health care institution shall provide notice of its visitation policy to each patient or the patient's representative. The policy must allow both of the following:
1. For the patient to be constantly accompanied by at least two visitors of the patient's choosing. The patient must be free to change the identity of these visitors as often as the patient wishes.
2. If a serious possibility exists that the patient will lose consciousness or die within twenty-four hours or if the patient has lost consciousness, for all members of the patient's immediate family and a clergy member of the patient's choosing to visit the patient immediately and on demand unless the patient has expressed a contrary preference.
B. A health care institution shall allow patients to communicate promptly and on demand with any person of their choice. A health care institution may not:
1. Prohibit patients from having communication devices with them such as cell phones, smartphones and personal computers.
2. Prohibit patients from having such communication devices brought to them promptly on demand or fail to provide means by which such a request may be expeditiously made by the patient.
3. Take communication devices away from patients at any time.
C. The superior court in each county shall hear claims for a violation of this section within twenty-four hours, including holidays and weekends, and enter judgment within that time as to whether preliminary injunctive relief should be granted.
D. A health care institution that violates this section shall pay damages in the amount of $20,000 per violation per patient, adjusted for inflation, in addition to the reasonable attorney fees and costs of suit, to any person who prevails in challenging a violation of this section. Patients have standing to assert a violation of this section. In the event of a patient's death, the parties set forth in section 12-612 have the right to maintain an action for the violation of this section. Claims for a violation of this section may not be waived. For the avoidance of doubt, persons bringing or defending a claim for a violation of this section have the right to try the case to a jury. This does not abrogate in any way the other rights to trial by jury as may exist for the violation of other laws or indicate a legislative intent that the right to a jury trial must be specified by the statute creating a cause of action.
E. This section does not prohibit a health care institution from excluding visitors from a surgical theater.