ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 


HB 2449: care facilities; clergy visitation

Sponsor: Representative Nguyen, LD 1

Committee on Judiciary

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.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes)	☐ Fiscal NoteRequires 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)

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11.                    HB 2449

12.  Initials LC  Page 0 Judiciary

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