Effective 7/1/2023
26B-2-242. Visitation policy.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-2-242- Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
“Patient” means an individual who receives care or services from a health care facility. |
| (c) |
“Primary visitor” means an individual who a patient designates under Subsection (3). |
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| (2) |
A health care facility shall establish visitation policies and procedures that shall, at a minimum, include provisions regarding:
| (b) |
infection control education for visitors; |
| (c) |
personal protective equipment requirements when necessary for infection control; |
| (d) |
for a visitor who is not a primary visitor:
| (i) |
maximum duration of visits; |
| (ii) |
maximum number of visitors a patient may have each day; |
| (iii) |
maximum number of visitors a patient may have at one time; and |
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| (e) |
the individual or position at the health care facility that is responsible for ensuring that staff adhere to the policies and procedures. |
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| (3) |
| (a) |
A patient or the patient’s personal representative may designate one individual as a primary visitor. |
| (b) |
Except as provided in Subsection (5), a health care facility may not limit the duration or frequency of a primary visitor’s visits to the designating patient. |
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| (4) |
A health care facility may not:
| (a) |
require a visitor or primary visitor to comply with infection control measures that are more restrictive than the infection control measures the health care facility requires of the health care facility’s staff; |
| (b) |
require a visitor or primary visitor to show proof of vaccination or immunization status; |
| (c) |
except as provided in Subsection (5), prohibit physical contact between the visitor and the patient the visitor is visiting; or |
| (d) |
deny a visitor or primary visitor access to the patient unless visitation is denied, modified, or limited as provided in Subsection (5). |
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| (5) |
A health care facility may:
| (a) |
exclude certain areas of the health care facility from visitor and primary visitor access; |
| (b) |
require a visitor or a primary visitor to agree in writing to follow the health care facility’s visitation policies and procedures before allowing access to the patient; |
| (c) |
suspend or refuse in-person visitation for a visitor or a primary visitor if the visitor or primary visitor violates the health care facility’s visitation policies and procedures; |
| (d) |
remove a visitor or primary visitor or deny visitation, if the patient is undergoing a procedure or receiving treatment that would be impeded by visitation; |
| (e) |
deny visitation for a visitor or primary visitor if the patient or personal representative objects to the visit; or |
| (f) |
prohibit physical contact or visitation if:
| (i) |
the visit or physical contact is prohibited by law; |
| (ii) |
the patient is in the custody of the state; or |
| (iii) |
the health care facility determines the visit or physical contact:
| (A) |
creates a physical safety risk to the patient, the visitor or primary visitor, or the health care facility’s staff; |
| (B) |
is counter therapeutic to the patient’s well-being; or |
| (C) |
is disruptive to the patient’s care or treatment. |
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| (6) |
A health care facility shall provide the department with a copy of the health care facility’s visitation policies and procedures:
| (a) |
upon the department’s request; and |
| (b) |
when the health care facility:
| (i) |
obtains a license to operate from the department; |
| (ii) |
renews the license from the department; and |
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| (7) |
A health care facility shall make visitation policies and procedures created in accordance with this section available on the health care facility’s website. |
| (8) |
The department shall provide:
| (a) |
a description of the requirements of this section on the department’s website; and |
| (b) |
a method for the public to report a violation of this section. |
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| (9) |
This section does not apply to the Utah State Hospital. |
Enacted by Chapter 276, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
