Senate Engrossed

health care institutions; visitation

(now: hospitals; visitation; policy)

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SENATE BILL 1514

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 hospitals.

(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Section 36-407.01, Arizona Revised Statutes, is repealed.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:

START_STATUTE36-407.01. Visitation policies; notice; communication devices; court petition; definitions

A. A hospital 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 accompanied by at least two visitors of the patient's choosing. if a patient is staying in a room with another patient, the hospital may limit each patient to one visitor at a time.  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 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.

D. A hospital shall allow patients to communicate promptly and on demand with any person of their choice.  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.  A hospital may not, consistent with the hospital's policy:

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.

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.

F. The superior court in each county shall hear claims for a violation of this section within forty-eight hours, excluding holidays and weekends, and enter judgment within that time.

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. END_STATUTE