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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
hospitalizations; family visitation
Purpose
Requires
hospitals to develop a visitation policy that allows a patient to have daily
in-person visitation by a designated visitor and allows, if a physician denies visitation,
the patient or the patient's representative to request a meeting with the
physician and one of outlined hospital officials to receive a review and
explanation within 24 hours of the decision to deny visitation.
Background
Current statute requires a hospital to provide notice of its visitation policy to any patient or the patient's representative. If a hospital's visitation policy allows in-person visitation of any kind and if authorized by the patient or the patient's representative, the hospital must facilitate the ability of clergy to visit the patient in person for religious purposes. Clergy must comply with reasonable health and safety precautions imposed by hospitals in connection 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 must facilitate a virtual clergy visit using communication technology (A.R.S. § 36-407.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires hospitals to develop a visitation policy that allows a patient to have daily in-person visitation by a designated visitor of the patient's choice, including the patient's spouse, parent or child.
2. Requires a hospital's visitation policies to ensure that the patient and the patient's visitors may have physical contact, especially during end-of-life visitation, unless a physician determines based on the patient's condition that the visitation does not meet health and safety standards or is reasonably likely to harm the patient.
3. Allows, if a physician denies visitation with a patient, the patient or the patient's representative to request a meeting with the physician and the hospital's chief medical officer, chief of staff or chief executive officer to receive a review and explanation within 24 hours of the physician's decision to deny visitation.
4. Allows a visitor to file a complaint with the Department of Health Services (DHS) if the designated visitor's request for visitation is denied or not resolved at the meeting with hospital officials.
5. Requires all hospital visitors to comply with reasonable health and safety precautions imposed by the hospital in connection with the visit.
6. Exempts the Arizona State Hospital (ASH), mental health facilities or any other licensed facility under the jurisdiction of the ASH Superintendent from the patient visitation requirement.
7. Designates this legislation as the Glenn Martin Act.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
2. Allows a visitor to file a complaint with DHS if the designated visitor's request for visitation is denied or not resolved at the meeting with hospital officials.
Amendments Adopted by Committee of the Whole
· Exempts mental health facilities from the hospital patient visitation requirement.
House Action Senate Action
JUD 2/16/22 DPA 9-0-0-1 HHS 2/23/22 W/D
3rd Read 2/24/22 57-2-1 APPROP 3/29/22 DPA 10-0-0
Prepared by Senate Research
May 24, 2022
MM/MC/sr