2024 -- H 7621

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LC005172

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES

     Introduced By: Representatives Fenton-Fung, J. Brien, Messier, and Chippendale

     Date Introduced: February 15, 2024

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17-19.3 of the General Laws in Chapter 23-17 entitled "Licensing

of Healthcare Facilities" is hereby amended to read as follows:

     23-17-19.3. Patients’ visitation rights.

     (a) All health care providers as licensed under the provisions of chapter 29 or 37 of title 5

and all health care facilities as defined in § 23-17-2 shall be required to note in their patients’

permanent medical records the name of individual(s) not legally related by blood or marriage to

the patient who the patient wishes to be considered as immediate family member(s), for the purpose

of granting extended visitation rights to the individual(s), so the individual(s) may visit the patient

while he or she is receiving inpatient health care services in a health care facility.

     (b) A patient choosing to designate individual(s) as immediate family members for the

purpose of extending visitation rights may choose up to five (5) individuals and do so either verbally

or in writing. This designation shall be made only by the patient and can be initiated and/or

rescinded by the patient at any time, either prior to, during, or subsequent to an inpatient stay at the

health care facility.

     (c) The full names of designated individual(s), along with their relationship to the patient,

shall be recorded in the patient’s permanent medical records, both at the inpatient health care

facility and with the patient’s primary care physician.

     (d) In the event the patient has not had the opportunity to have this designation recorded in

his or her medical records, a signed statement in the patient’s own handwriting attesting to the

designation of the individual(s) as an immediate family member for the purpose of extending

visitation rights during the provision of health care services in an inpatient health care facility,

along with their relationship to the individual(s) shall meet all the requirements of this chapter. The

patient’s signature on a signed statement shall be witnessed by two (2) individuals, neither of whom

can be the designated individual(s). In the event a signed statement is not available, those

designated as agents on a durable power of attorney for health care form shall be allowed visitation

privileges.

     (e) This chapter shall not be construed to prohibit legally recognized members of the

patient’s family from visiting the patient if they have not been so designated through the provisions

of this chapter. No patient shall be required to designate individual(s) under the provisions of this

chapter.

     (f) Any licensed healthcare facility shall have the authority to suspend an individual’s

privilege, whether the individual is related to the patient or not, of visiting with a patient if the

visitor is verbally or physically berating or harassing any employee or staff of the healthcare

facility, or physically interfering with the medical care of the patient or providing non-prescribed

medications or other illegal substances to any patient. Relative suspensions shall be allowed as

follows:

     (1) For a first offense of verbally berating or harassing any healthcare employee or staff, a

suspension of visiting privileges of twenty-four (24) hours;

     (2) For a second offense of verbally berating or harassing any healthcare employee or staff,

a suspension of visiting privileges of seven (7) days;

     (2) For a third offense of verbally berating or harassing any healthcare employee or staff,

a suspension of visiting privileges of thirty (30) days;

     (3) For a first offense of physically assaulting or harassing any employee or staff of the

healthcare facility, or providing non-prescribed medications or other illegal substances to any

patient, a suspension of visiting privileges of thirty (30) days, and for any subsequent offense a

suspension of visiting privileges of no less than sixty (60) nor more than ninety (90) days; provided,

however, nothing herein shall prevent the healthcare facility from issuing a no trespass order

preventing the individual from returning to the healthcare facility; and

     (4) Each healthcare facility shall lift the suspensions imposed for purposes of end of life

visits. For purposes of this section, "end of life" shall mean that the patient’s expectation of life is

less than twenty-four (24) hours.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES

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     This act would permit licensed healthcare facilities to suspend visits of those person who

are verbally or physically berating staff or providing non-prescribed or illegal medications to any

patient. Suspensions would be lifted in cases of end of life scenarios.

     This act would take effect upon passage.

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