SB2 Alabama 2023 Session

Summary

Primary Sponsor

Garlan GudgerSenator

Republican

Session

First Special Session 2023

Title

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to prohibit any suspension or modification by emergency rule or order; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

Summary

SB2 would require Alabama health care facilities to adopt standardized visitation policies that protect patients' rights to visit and designate an essential caregiver with guaranteed daily visitation, while repealing older emergency-era visitation rules.

What This Bill Does

If passed, the bill repeals current visitation rules and requires facilities to adopt visitation policies that meet set standards. Patients can visit any individual during visiting hours and may designate an essential caregiver who gets at least two hours of daily in-person visitation. Safety rules cannot be harsher than staff rules, and visitors cannot be forced to show vaccination proof; consensual physical contact is allowed. Visitation must be allowed in certain situations (end-of-life, childbirth, pediatric care, and for those facing major decisions or emotional distress), and facilities may suspend a specific visitor for policy violations. Facilities must provide policies to the Department of Public Health and publicize them on their website; the Department must create a complaints mechanism. Emergency-rule modifications to visitation rules are prohibited, and the old public health emergency visitation sections are repealed.

Who It Affects

• Patients, residents, and clients of health care facilities who gain a right to visit whomever they choose, benefit from guaranteed essential caregiver access, and have clarified circumstances when visitation must be allowed.
• Health care facilities and their staff, which must establish and enforce visitation policies, ensure compliance, provide policies to the Department of Public Health, and maintain accessible information for patients and families.

Key Provisions

• Adds Section 22-21-437 defining health care facilities to include general acute hospitals, long-term care, skilled nursing, intermediate care, assisted living, and specialty care facilities.
• Establishes the right of patients to visit any individual during visiting hours and allows designation of an essential caregiver with at least two hours of daily visitation.
• Requires facilities to adopt visitation policies within 30 days, including infection control, screening/PPE protocols, visitation length and limits, and an approved staff representative responsible for policy adherence.
• Prohibits safety policies from being more stringent than those for staff and bars requiring visitors to prove vaccination or restricting consensual contact.
• Permits suspension of a visitor for policy violations and guarantees visitation in end-of-life, childbirth, pediatric care, and during emotional distress or major medical decisions.
• Requires facilities to provide policies to the Department of Public Health and for the department to publish a standalone visitation information page with a complaints mechanism.
• Bars any suspension or modification of visitation requirements by emergency rule or order and repeals Sections 22-21-430 through 22-21-436 related to hospital visitation during a public health emergency.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health care facilities, patient right to visitors, provided; adoption of certain visitation standards, required; submission of v