Senate bill NO. 308

INTRODUCED BY K. Bogner, J. Carlson

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING PATIENT VISITATION RIGHTS; PROVIDING THAT PATIENTS IN CARE FACILITIES HAVE A RIGHT TO A MINIMUM OF 2 HOURS OF IN-PERSON VISITATION PER DAY; PROVIDING EXCEPTIONS; PROVIDING DEFINITIONS; AND REQUIRING CARE FACILITIES TO NOTIFY PATIENTS OF THEIR VISITATION RIGHTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Short title. [Sections 1 through 4] may be cited as the "Patient Visitation Rights Act".

Section 2. Legislative intent. It is the intent of the legislature that:

(1)        preservation of relationships between a patient and the patient's family members and associates is essential to the health and well-being of the patient; and

(2)        a patient's need for visitation is a right that may not be superseded by other government objectives, except as provided in [section 4].

Section 3. Definitions. As used in [sections 1 through 4], the following definitions apply:

(1)        "Care facility" means a hospice, hospital, or long-term care facility.

(2)        "Hospice" has the meaning provided in 50-5-101.

(3)        "Hospital" means a hospital or critical access hospital as those terms are defined in 50-5-101.

(4)        "Long-term care facility" has the meaning provided in 50-5-101.

(5)        "Patient" means an individual receiving services from a care facility.

Section 4. 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.

Section 5. Codification instruction. [Sections 1 through 4] are intended to be codified as a new part in Title 50, chapter 5, and the provisions of Title 50, chapter 5, apply to [sections 1 through 4].