98 -- H 8066 SUBSTITUTE A AS AMENDED

      =======
      LC01390/SUB A
      =======

               S T A T E     O F    R H O D E    I S L A N D

                            IN GENERAL ASSEMBLY

                         JANUARY SESSION, A.D. 1998

                                ____________

                               A N     A C T

              RELATING TO LICENSING OF HEALTH CARE FACILITIES

   Introduced By: Representatives Pisaturo, Benoit, Lanzi, Cicilline and
   Hetherington

   Date Introduced : February 3, 1998

   Referred To: Committee on Health, Education and Welfare

   It is enacted by the General Assembly as follows:

   SECTION 1. Chapter 23-17 of the General Laws entitled "Licensing of
   Health Care Facilities" is hereby amended by adding thereto the
   following section:

   {ADD 23-17-19.3. Patients' Visitation Rights. -- ADD} {ADD (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 section
   23-17-2(5) 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 said individual(s), so said
   individual(s) may visit the patient while he or she is receiving
   inpatient health care services in a health care facility. ADD}

   {ADD (b) A patient choosing to designate said 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   can be initiated and/or rescinded by the patient at any time, either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. ADD}

   {ADD (c) The full names of individual(s) so designated, 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. ADD}

   {ADD (d) In the event the patient has not had the opportunity to have
   said designation recorded in his or her medical records, a signed
   statement in the patient's own handwriting attesting to the
   designation of said individual(s) as an immediate family member for
   the purpose of extending visitation right during the provision of
   health care services in an inpatient health care facility, along with
   their relationship to said individual(s) shall meet all the
   requirements of this chapter. The patient's signature on said signed
   statement shall be witnessed by two individuals, neither of whom can
   be the designated individual(s). In the event such signed statement is
   not available, those designated as agents on a durable power of
   attorney for health care form shall be allowed visitation privileges.
   ADD}

   {ADD (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. ADD}

   SECTION 2. This act shall take effect upon passage.

      =======
      LC01390/SUB A
      =======

                                EXPLANATION
                         BY THE LEGISLATIVE COUNCIL
                                     OF
                               A N     A C T
              RELATING TO LICENSING OF HEALTH CARE FACILITIES
                                    ***

   This act would allow patients at health care facilities which provide
   inpatient services to designate individuals, who are not considered to
   be immediate family members, as eligible to visit the patient.

   This act would take effect upon passage.