ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: JUD DPA 10-0-0-0

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HB 2449: care facilities; clergy visitation

Sponsor: Representative Nguyen, LD 1

Caucus & COW

Overview

An emergency measure that outlines clergy visitation requirements to care facilities.

History

Current statute requires a hospital to provide notice of its visitation policy to patients. If a hospital's visitation policy allows in-person visitation of any kind, and if authorized by the patient, the hospital is required to allow clergy to visit the patient in-person for religious purposes. Clergy must comply with reasonable health and safety precautions imposed by hospitals 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 is required to facilitate a virtual clergy visit. (A.R.S. § 36-407.01).

Provisions

1. Requires a care facility to allow clergy to visit a patient if the facility allows in-person visitation of any kind, including during a declared state of emergency. (Sec. 1)

2. Mandates a care facility must allow clergy to visit a patient, upon request, if the patient's death is imminent. (Sec.1)

3. Allows a care facility to require clergy to comply with reasonable health and safety precautions. (Sec. 1)

4. States a care facility is not liable to a person visiting a patient, or to the patient, for civil damages resulting from death or injury from a communicable disease resulting from the visitation provided the care facility complied with health and safety precautions. (Sec. 1)

5. Allows a person or religious organization to bring a civil action against the care facility if clergy visitation is denied. (Sec. 1)

6. Defines care facility and patient. (Sec. 1)

7. Contains an emergency clause. (Sec. 2)

Amendments

Committee on Judiciary

1. Changes the term care facility to health care institution.

2. Changes the term patient to resident.

3. Allows the resident's legal representative to request clergy visitation for the resident.

4. Amends language relating to liability.

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                        HB 2449

Initials LC        Page 0 Caucus & COW

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