Illinois General Assembly - Full Text of SB1405
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Full Text of SB1405  102nd General Assembly


Sen. Dan McConchie

Filed: 2/22/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 1405 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Medical Patient Rights Act is amended by
5changing Section 3.2 as follows:
6    (410 ILCS 50/3.2)  (from Ch. 111 1/2, par. 5403.2)
7    Sec. 3.2. (a) Every health care facility in this State
8shall permit visitation by any person or persons designated by
9a patient who is 18 years of age or older and who is allowed
10rights of visitation unless (1) the facility does not allow
11any visitation for a patient or patients, or (2) the facility
12or the patient's physician determines that visitation would
13endanger the physical health or safety of a patient or
14visitor, or would interfere with the operations of the
15facility. Nothing in this Act shall restrict the ability of a
16health care facility to regulate the hours of visitation, the



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1number of visitors per patient or the movement of visitors
2within the facility.
3    (a-5) Notwithstanding subsection (a), during a period for
4which the Governor has issued a proclamation under Section 7
5of the Illinois Emergency Management Agency Act declaring that
6a disaster exists or in the event of an outbreak or epidemic of
7a communicable disease in the community in which the health
8care facility is located, a health care facility shall ensure
9an opportunity for at least one visitor to visit a resident or
10patient of the health care facility. A health care facility
11shall not count a clergyperson toward any limit on the number
12of visitors permitted to visit a resident or patient at one
13time and shall permit a clergyperson to visit with a resident
14or patient in addition to the permitted number of visitors.
15Visitation shall be subject to the guidelines, conditions, and
16limitations of the health care facility's visitation policy
17and any rules or guidelines established by the U.S. Centers
18for Medicare and Medicaid Services and the Centers for Disease
19Control and Prevention.
20    Visitors under this subsection may be required by the
21health care facility to submit to health screenings necessary
22to prevent the spread of infectious disease. A health care
23facility may restrict a visitor who does not pass its health
24screening requirement. A health care facility may require a
25visitor to adhere to infection control procedures, including
26wearing personal protective equipment. A health care facility



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1may deny visitation under this Act if the situation demands
2it, such as if it is determined visitation would endanger the
3physical health or safety of a patient, the visitor, or health
4care workers.
5    (b) Nothing in this Section shall be construed to further
6limit or restrict the right of visitation provided by other
7provisions of law or restrict the ability of a health care
8facility to regulate hours of visitation, except as set forth
9in subsection (a-5), the number of visitors per patient, or
10the movement of visitors within the health care facility.
11    (c) For the purposes of this Section a "health care
12facility" does not include a developmental disability
13facility, a mental health facility or a mental health center.
14(Source: P.A. 87-651.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".