SB113 Alabama 2023 Session

Summary

Primary Sponsor

Garlan GudgerSenator

Republican

Session

Regular 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 who are not essential caregivers; 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 provide certain immunity from liability in certain circumstances; to exempt certain psychiatric care facilities from the provisions of this bill; 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

SB113 guarantees patient visitation rights and essential caregivers in Alabama health care facilities, sets minimum visitation standards, and repeals the old emergency-era visitation rules.

What This Bill Does

It requires facilities to adopt visitation policies within 30 days that cover infection control, screening, visit length, and a staff point person. It prohibits facilities from demanding vaccination proof and from restricting consensual contact, and it guarantees that patients can visit any individual during visiting hours. It allows patients to designate an essential caregiver who must be allowed at least two hours of daily in-person visitation, and establishes a priority process for appointing an essential caregiver if the patient is incapacitated. It also lays out specific circumstances when in-person visits must be allowed, requires sharing policies with the Department of Public Health, and provides liability protection for facilities that follow the law, while exempting psychiatric facilities and repealing prior public health emergency visitation rules.

Who It Affects

• Residents, clients, or patients in health care facilities and their visitors, who gain the right to visit any chosen person during visiting hours and to have an essential caregiver visit for at least two hours daily (plus other visits).
• Health care facilities, their staff, the Alabama Department of Public Health, and related parties, who must create and enforce visitation policies, share them with the Department, provide a complaints mechanism, and may face liability protections or exemptions under the act (with psychiatric facilities exempt).

Key Provisions

• Adds 22-21-437 (Harold Sachs and Anne Roberts Act) outlining patient visitation rights and essential caregiver provisions.
• Patients may visit any individual during visiting hours, subject to facility policies; vaccination proof is not required, and consensual physical contact is allowed.
• Designate an essential caregiver with at least two hours of daily in-person visitation; daily or rotating designation allowed.
• If the patient is incapacitated, appoint by guardian or durable power of attorney; if none, a spouse, then adult children, then parents, then siblings have priority to appoint.
• Facility visits may be suspended for policy violations; in-person visitation must be allowed in end-of-life, when family lived with the patient before admission, major medical decisions, emotional distress, meals assistance, and other specified scenarios.
• Facilities must establish policies within 30 days, including infection control, screening, PPE, and designated policy enforcer; policies must be accessible on the facility's website.
• ADPH must maintain a stand-alone page explaining visitation requirements and provide a complaints link; facilities must provide policies to ADPH during licensure, renewal, or changes of ownership.
• Provides liability immunity for individuals and facilities acting in accordance with the act, with carve-outs for willful or reckless misconduct.
• Exempts facilities or units designated for psychiatric care from these provisions.
• Repeals Sections 22-21-430 through 22-21-436, relating to hospital visitation during a public health emergency.
• Effective immediately after passage and governor approval.

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