Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 5. HOSPITALS AND RELATED FACILITIES

Part 14. Patient Visitation Rights

Patient Visitation Rights

50-5-1404. Patient visitation rights. (1) A patient has a right to a minimum of 2 hours of in-person visitation a day, which, subject to clinical and safety restrictions, may not be limited to one visitor a day, restricted, terminated, suspended, or waived by a care facility, the department of public health and human services, or the governor, including during a state of emergency or disaster declared by the governor.

(2) A care facility may not:

(a) require a patient to waive the visitation rights specified in this section; or

(b) subject to 49-2-312 and 49-2-313, impose a restriction on visitation based on a visitor's vaccination status or require a visitor to receive a vaccination.

(3) A care facility may, consistent with the precautions required to be taken by staff and other personnel:

(a) require a visitor to submit to health screenings necessary to prevent the spread of infectious diseases;

(b) restrict a visitor who does not pass health screening requirements;

(c) require a visitor to adhere to infection control procedures, including wearing personal protective equipment; and

(d) limit the number of persons in a room at one time pursuant to occupancy laws.

(4) A care facility shall post in a conspicuous place on the premises of the care facility informational materials developed by the department of public health and human services explaining the rights specified in this section.

History: En. Sec. 4, Ch. 406, L. 2023.