Bill Text: NY A06809 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides an exception to hospital visitation rules for members of the clergy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A06809 Detail]

Download: New_York-2023-A06809-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6809

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
          the Committee on Health

        AN ACT to amend the public health  law,  in  relation  to  providing  an
          exception to hospital visitation rules for members of the clergy

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2805-qq to read as follows:
     3    §  2805-qq.  Hospital  visitation  by  clergy.  1. No patient shall be
     4  denied visitation by a clergy member from his or her religious  entity's
     5  established congregation, provided:
     6    (a)  the patient, or the patient's legal representative if the patient
     7  is unable to express his or her wishes, requests  or  consents  to  such
     8  visitation;
     9    (b)  such  visitation  is  consistent  with  the hospital's ability to
    10  receive visitors at the time of the visitation and on the unit in  which
    11  the patient is hospitalized;
    12    (c)  such  visitation  does  not  interfere  with the treatment of the
    13  patient or of other patients; and
    14    (d) such visitation does not pose a  health  or  safety  risk  to  the
    15  patient or other individuals present at the hospital, including hospital
    16  personnel and other patients.
    17    2.    If  the  hospital's  policy restricts the   number of visitors a
    18  patient may have at one time, the presence of a single clergy member  at
    19  the  patient's  bedside along with the maximum specified number of other
    20  visitors shall not be deemed a violation of such  policy,  provided  the
    21  visit does not exceed one hour.
    22    3.    In the event the patient suffers a life-threatening emergency or
    23  is at the end of the patient's life, a clergy member  from  his  or  her
    24  religious entity's established congregation may visit the patient at any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10584-01-3
        A. 6809                             2

     1  hour,  provided such visitation complied with the provisions of subdivi-
     2  sion one of this section except as to normal hours of visitation.
     3    4. Nothing in this section shall be construed to:
     4    (a) prevent  a hospital from restricting visitation by any person when
     5  such  visitation  would  pose  a health or safety risk to the patient or
     6  other individuals present at the hospital, including hospital  personnel
     7  and other patients;
     8    (b)  prevent  a  hospital from restricting visitation by any person in
     9  hospital areas in  which  no  visitation  or  restricted  visitation  is
    10  allowed,  including,  but not limited to transmissible disease units and
    11  burn units;
    12    (c) prevent a hospital from requiring the  clergy  member  to  provide
    13  identification  and  take  any  other measures the hospital requires for
    14  visitation; or
    15    (d) require  any  member  of  the  clergy  to  provide  visitation  as
    16  described in this section.
    17    §  2.   This act shall take effect on the thirtieth day after it shall
    18  have become a law. Effective immediately, the addition, amendment and/or
    19  repeal  of  any  rule  or regulation necessary for the implementation of
    20  this act on its effective date are authorized to be made  and  completed
    21  on or before such effective date.