ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DPA 10-0-0-0


HB 2449: care facilities; clergy visitation

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

An emergency measure that outlines clergy visitation requirements to health care institutions.

History

Current statute requires a hospital to provide notice of its visitation policy to patients. If a hospital's visitation policy allows in-person visitation of any kind, and if authorized by the patient, the hospital is required to allow clergy to visit the patient in-person for religious purposes. Clergy must comply with reasonable health and safety precautions imposed by hospitals with in-person visitation. If a hospital's visitation policy does not allow in-person visitation of any kind at all times or temporarily for health and safety reasons, the hospital is required to facilitate a virtual clergy visit. (A.R.S. § 36-407.01).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes)	☐ Fiscal NoteRequires a health care institution to allow clergy to visit a resident if the institution allows in-person visitation of any kind, including during a declared state of emergency. (Sec. 1)

2.   Mandates the institution must allow clergy to visit a resident, upon request, if the resident's death is imminent. (Sec.1)

3.   Allows an institution to require clergy to comply with reasonable health and safety precautions. (Sec. 1)

4.   States an institution is not liable to a person visiting a resident, or to the resident, for civil damages resulting from death or injury from a communicable disease resulting from the visitation provided the institution complied with health and safety precautions. (Sec. 1)

5.   Allows a person or religious organization to bring a civil action against the institution if clergy visitation is denied. (Sec. 1)

6.   Defines relevant terms. (Sec. 1)

7.   Contains an emergency clause. (Sec. 2)

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11.                    HB 2449

12.  Initials LC  Page 0 House Engrossed

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