This bill generally authorizes in-person visitation with the principal at a hospital, to evaluate the principal's condition, for the following individuals:
(1) An attorney in fact who is designated to make healthcare decisions under a durable power of attorney; and
(2) An individual designated in an advance directive for health care to make a healthcare decision for the individual granting power ("agent").
This bill requires a hospital to permit the attorney in fact or agent no less than one in-person visit with the principal for each day the principal is in the hospital.
This bill prohibits a hospital, the governor or governor's designee, or another individual or entity acting on behalf of this state from terminating, suspending, waiving, or otherwise limiting, upon declaration of a disaster or emergency by the hospital, the visitation right described above.
EXCEPTIONS
This bill authorizes a hospital to require the attorney in fact or agent to submit to non-invasive health and safety protocols to enter the hospital for visitation as described above.
This bill, for purposes of agent visitation, excludes state-run hospitals for the treatment of mental illness or other mental conditions.
ON FEBRUARY 12, 2024, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 1641, AS AMENDED.
AMENDMENT #3 makes the following changes to this bill:
(1) Adds that the hours the attorney in fact designated to make healthcare decisions under a durable power of attorney for health care may visit the principal are during regular visitation hours, and that the hospital must make a reasonable effort to ensure that each visit is at least one hour long;
(2) Clarifies that the exceptions to (1) above are as follows: (i) a hospital may require that an attorney in fact submit to non-invasive health and safety protocols before visitation; (ii) the visitation right described in (1) above does not apply to a principal who is detained by law enforcement or security while in the hospital; and (iii) the hospital may limit the visitation right of the attorney in fact while the principal is undergoing a surgery or other invasive procedure;
(3) Adds that the hours an agent designated to make healthcare decisions under a power of attorney for health care may visit the principal are during regular visitation hours, and that the hospital must make a reasonable effort to ensure that each visit is at least one hour long; and
(4) Clarifies that the exceptions to (3) above are as follows: (i) a hospital may require that an attorney in fact submit to non-invasive health and safety protocols before visitation; (ii) the visitation right described in (3) above does not apply to a principal who is detained by law enforcement or security while in the hospital; and (iii) the hospital may limit the visitation right of the attorney in fact while the principal is undergoing a surgery or other invasive procedure.
ON APRIL 8, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1641 FOR HOUSE BILL 1883, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1641, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Authorizes the principal to limit the right of an attorney in fact designated to make healthcare decisions to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition at least one time per day by (i) indicating such limitation in the durable power of attorney for healthcare; or (ii) notifying the healthcare provider orally or in writing that the principal declines a visit; and
(2) Authorizes the principal to limit the right of an agent designated to make healthcare decisions under a power of attorney for health care to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition at least one time per day by (i) indicating such limitation in the power of attorney for health care; or (ii) notifying the healthcare provider orally or in writing that the principal declines a visit.

Statutes affected:
Introduced: 34-6-206