Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 133 First Substitute (2023GS)

Sponsor

Rep. Acton, C.K.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires health care facilities to allow a patient to see visitors under certain circumstances;
• requires health care facilities to establish visitation policies;
• requires a health care facility to publish the health care facility's visitation policies; and
• requires the Department of Health and Human Services (department) to:
• publish information related to the visitation requirements on the department's website; and
• provide a method for the public to report a violation to the department.

Every vote on this bill

Bill text

HEALTH CARE FACILITY VISITATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill establishes requirements for health care facilities related to patient visitation. 
Highlighted Provisions:
This bill:
▸ requires health care facilities to allow a patient to see visitors under certain
circumstances;
▸ requires health care facilities to establish visitation policies;
▸ requires a health care facility to publish the health care facility's visitation policies;
and
▸ requires the Department of Health and Human Services (department) to:
• publish information related to the visitation requirements on the department's
website; and
• provide a method for the public to report a violation to the department.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
26-21-36
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-36
 is enacted to read:
 26-21-36.
Visitation policy.
(1) As used in this section:
(a) "Patient" means an individual who receives care or services from a health care
facility.
(b) "Personal representative" means an individual described in 45 C.F.R. Sec.
164.502(g).
(c) "Primary visitor" means an individual who a patient designates under Subsection
(3).
(2) A health care facility shall establish visitation policies and procedures that shall, at
a minimum, include provisions regarding:
(a) infection control;
(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
(e) the individual or position at the health care facility that is responsible for ensuring
that staff adhere to the policies and procedures.
(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.
(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).
(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.
(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
(iii) changes ownership.
(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.
(9) This section does not apply to the Utah State Hospital.
Section 2. 
Effective date.
This bill takes effect on July 1, 2023.