SB113 Alabama 2023 Session

Summary

Primary Sponsor

Garlan Gudger Senator

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.

Description

Under existing law, a health care facility must follow certain requirements related to visitation for patients, clients, or residents.

This bill would repeal existing law related to health care facility visitation and would require health care facilities to adopt visitation policies and procedures that meet certain standards.

This bill would provide that residents, clients, or patients of a health care facility have the right to visit with any individual of their choosing during the facility's visiting hours.

This bill would allow a resident, client, or patient to designate an essential caregiver, and would require health care facilities to allow essential caregivers at least two hours of daily visitation.

This bill would require that any safety-related policies or procedures may not be more stringent than those established for the health care facility's staff.

This bill would prohibit a health care facility from requiring visitors to submit proof of vaccination or from prohibiting consensual physical contact between a visitor and a resident, client, or patient.

This bill would allow a health care facility to suspend in-person visitation of a specific visitor if a SB113 INTRODUCED visitor violates the facility's policies and procedures.

This bill would require health care facilities to allow visitors for residents, clients, or patients in certain situations, including end-of-life scenarios; childbirth; pediatric care; and for those who are having adjustment issues, making a major medical decision, experiencing emotional distress or grief, or struggling to eat, drink, or speak in certain situations.

This bill would require each health care facility to provide its visitation policies and procedures to the Department of Public Health when applying for licensure, renewal, or change of ownership, and would require the Department of Public Health to dedicate a page on its website to explain visitation requirements and provide a mechanism for complaints.

This bill would also exempt health care facilities designated to psychiatric care and certain areas of any health care facility, provided the area is designated to psychiatric care, from visitation requirements.

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