Bill Text: AZ HB2449 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Care facilities; clergy visitation
Spectrum: Partisan Bill (Republican 28-0)
Status: (Passed) 2022-04-25 - Chapter 179 [HB2449 Detail]
Download: Arizona-2022-HB2449-Introduced.html
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REFERENCE TITLE: care facilities; clergy visitation |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2449 |
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Introduced by Representatives Nguyen: Barton, Biasiucci, Blackman, Bolick, Bowers, Burges, Carroll, Carter, Chaplik, Cobb, Cook, Diaz, Fillmore, Grantham, Griffin, Hoffman, John, Kaiser, Martinez, Parker, Payne, Pingerelli, Toma, Weninger, Wilmeth, Senators Boyer, Kerr
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AN ACT
Amending Title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-407.02; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.02, to read:
36-407.02. Care facilities; clergy visitation; health and safety precautions; immunity; civil action; definitions
A. If a care facility visitation policy allows in-person visitation of any kind, the care facility must allow a clergy member to visit a patient who requests an in-person visit or consents to be visited in person for religious purposes by the clergy member, including during a declared state of emergency.
B. Notwithstanding any other provision in this chapter, when a patient's death is imminent, a care facility must allow a clergy member to visit the patient in person for religious purposes if either of the following applies:
1. The patient requests or consents to be visited by the clergy member.
2. The patient's representative requests that the patient be visited by the clergy member.
C. A care facility may require clergy to comply with reasonable health and safety precautions, including undergoing health screenings and wearing personal protective equipment, that are imposed by the care facility in connection with in-person visitation for preventing the spread of communicable diseases. If such a requirement would substantially burden the clergy's free exercise of religion, the care facility may require compliance with such precautions only if compliance in that instance furthers a compelling interest and the care facility imposes the least restrictive burden on the clergy's exercise of religion. Notwithstanding any other provision of this chapter, a care facility may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease.
D. A care facility and its employees and contractors are not liable to a person visiting a patient or to a patient of the care facility for civil damages for injury or death due to actual or alleged exposure to a communicable disease resulting from or related to a visitation in compliance with this section unless the care facility fails to substantially comply with the care facility's applicable health and safety precautions. the immunity prescribed in this subsection does not apply to any act or omission that constitutes gross negligence or wilful or wanton misconduct.
E. A person or religious organization may bring a civil action against a care facility alleging a violation of this section. Any person that successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorney fees and costs and any other appropriate relief.
F. For the purposes of this section:
1. "Care facility" means an assisted living center, an assisted living facility, an assisted living home, hospice, a nursing care institution or a residential care institution that is licensed pursuant to this chapter.
2. "Patient" means a person living at or receiving inpatient services from a care facility.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
