Public Act 102-0989
 
SB1405 EnrolledLRB102 11182 KTG 16514 b



    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 






 
    Section 5. The Medical Patient Rights Act is amended  by 
changing Section 3.2 as follows:
 



    (410 ILCS 50/3.2)  (from Ch. 111 1/2, par. 5403.2)



    Sec. 3.2. Visitation rights, policies, and procedures. 
    (a) Every health care facility in this State shall permit

visitation by any person or persons designated by a patient 
who is 18 years
of age or older and who is allowed rights of 
visitation unless (1) the
facility does not allow any 
visitation for a patient or patients, or (2)
the facility or 
the patient's physician determines that visitation would

endanger the physical health or safety of a patient or 
visitor, or would
interfere with the operations of the 
facility.  Nothing in this Act shall
restrict the ability of a 
health care facility to regulate the hours of
visitation, the 
number of visitors per patient or the movement of visitors

within the facility.

    (a-5) Notwithstanding subsection (a), during a period for 
which the Governor has issued a proclamation under Section 7 
of the Illinois Emergency Management Agency Act declaring that 
a disaster exists or in the event of an outbreak or epidemic of 
a communicable disease in the community in which the health 
care facility is located, a health care facility shall ensure 
an opportunity for at least one visitor to visit a resident or 
patient of the health care facility.  A health care facility 
shall not count a clergy member toward any limit on the number 
of visitors permitted to visit a resident or patient at one 
time and shall permit a clergy member to visit with a resident 
or patient in addition to the permitted number of visitors. 
Visitation shall be subject to the guidelines, conditions, and 
limitations of the health care facility's visitation policy 
and any rules or guidelines established by the U.S. Centers 
for Medicare and Medicaid Services and the Centers for Disease 
Control and Prevention.
    Visitors under this subsection may be required by the 
health care facility to submit to health screenings necessary 
to prevent the spread of infectious disease. A health care 
facility may restrict facility access to a visitor who does 
not pass its health screening requirement.  A health care 
facility may require a visitor to adhere to infection control 
procedures, including wearing personal protective equipment.  A 
health care facility may deny visitation under this Act if 
visitation would endanger the physical health or safety of a 
patient, the visitor, or health care workers or would 
otherwise create a public health or safety problem. 
    (a-10) Notwithstanding subsection (a), a skilled nursing 
home, extended care facility, or intermediate care facility 
may prohibit  an individual from visiting  a resident or patient 
of the nursing home or facility if specific facts demonstrate 
that the  individual would endanger his or her physical health 
or safety  or the health or safety of  a resident, patient, or 
health care worker of the nursing home or facility. Any denial 
of visitation under this subsection (a-10) shall be in writing 
and shall be provided to the individual and the resident or 
patient with whom  the individual was denied visitation. 
    (a-15) Each skilled nursing home, extended care facility, 
and intermediate care facility shall:
        (1) inform each resident of the nursing home or 
    facility  (or that individual's representative) of the 
    resident's visitation rights and the nursing home or 
    facility's visitation-related policies and procedures, 
    including any clinical or safety-related  restriction or 
    limitation on visitation rights, the reasons for the 
    restriction or limitation, and the persons to whom the 
    restriction or limitation may apply;
        (2) inform each resident of the resident's right:
            (A) to consent to receive designated  visitors, 
        such as a spouse, including, without limitation, a 
        same-sex spouse;  a domestic partner, including, 
        without limitation, a same-sex domestic partner; 
        another family member; or a friend; and
            (B) to withdraw or deny that consent at any time;
        (3) not restrict, limit, or otherwise deny visitation 
    privileges on the basis of race, color, national origin, 
    religion, sex, gender identity, sexual orientation, or 
    disability; and
        (4) ensure that all of the resident's visitors enjoy 
    full and equal visitation privileges, consistent with the 
    resident's preferences. 
    (b) Except as provided in subsection (a-5), nothing 
Nothing in this Section shall be construed to further limit or

restrict the right of visitation provided by other provisions 
of law or to restrict the ability of a health care facility to 
regulate hours of visitation, the number of visitors per 
patient, or the movement of visitors within the health care 
facility.

    (c) For the purposes of this Section a "health care 
facility" does not
include a developmental disability 
facility, a mental health facility or a
mental health center.

(Source: P.A. 87-651.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.