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2023 SESSION

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HB 1689 Patient visitation; request visitation from clergy members during declared public health emergency.

Introduced by: Karen S. Greenhalgh | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Patient visitation; visitation from clergy members. Requires hospitals, nursing homes, and certified nursing facilities to allow patients to receive visits from clergy members during a declared public health emergency related to a communicable disease of public health threat, unless the hospital, nursing home, or certified nursing facility demonstrates that it is unable to reasonably accommodate the visits without undue hardship on the facility. Under the bill, the hospital, nursing home, or certified nursing facility may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease of public health threat. If the hospital, nursing home, or certified nursing facility establishes a protocol restricting the total number of individuals permitted to visit a patient, clergy members shall not be counted toward that total number. The bill provides immunity for hospitals, nursing homes, and certified nursing facilities and their employees and contractors from liability for injury or death due to exposure to a communicable disease of public health threat resulting from or related to such visitation, except in limited circumstances.

SUMMARY AS INTRODUCED:

Patient visitation; visitation from clergy members. Requires hospitals, nursing homes, and certified nursing facilities to allow patients to receive visits from clergy members during a declared public health emergency related to a communicable disease of public health threat. Under the bill, the hospital, nursing home, or certified nursing facility may require the clergy member to comply with all reasonable health and safety requirements and may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease of public health concern. If the health and safety requirement substantially burdens the clergy member's free exercise of religion, the hospital, nursing home, or certified nursing facility may require compliance only if the requirement furthers a compelling health and safety interest and imposes the least restrictive requirement. The bill provides immunity for hospitals, nursing homes, and certified nursing facilities and their employees and contractors from liability for injury or death due to exposure to a communicable disease of public health concern resulting from or related to such visitation, except in limited circumstances. The bill also allows a person or religious organization to bring a civil action against a hospital, nursing home, or certified nursing facility alleging a violation of such visitation provisions.