2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 242 - Visitation policy.

Effective 7/1/2023
26B-2-242.
Visitation policy.
(1) As used in this section:
(a) "Patient" means an individual who receives care or services from a health care facility.
(b) "Personal representative" means an individual described in 45 C.F.R. Sec. 164.502(g).
(c) "Primary visitor" means an individual who a patient designates under Subsection (3).
(2) A health care facility shall establish visitation policies and procedures that shall, at a minimum, include provisions regarding:
(a) infection control;
(b) infection control education for visitors;
(c) personal protective equipment requirements when necessary for infection control;
(d) for a visitor who is not a primary visitor:
(i) maximum duration of visits;
(ii) maximum number of visitors a patient may have each day;
(iii) maximum number of visitors a patient may have at one time; and
(e) the individual or position at the health care facility that is responsible for ensuring that staff adhere to the policies and procedures.
(3)
(a) A patient or the patient's personal representative may designate one individual as a primary visitor.
(b) Except as provided in Subsection (5), a health care facility may not limit the duration or frequency of a primary visitor's visits to the designating patient.
(4) A health care facility may not:
(a) require a visitor or primary visitor to comply with infection control measures that are more restrictive than the infection control measures the health care facility requires of the health care facility's staff;
(b) require a visitor or primary visitor to show proof of vaccination or immunization status;
(c) except as provided in Subsection (5), prohibit physical contact between the visitor and the patient the visitor is visiting; or
(d) deny a visitor or primary visitor access to the patient unless visitation is denied, modified, or limited as provided in Subsection (5).
(5) A health care facility may:
(a) exclude certain areas of the health care facility from visitor and primary visitor access;
(b) require a visitor or a primary visitor to agree in writing to follow the health care facility's visitation policies and procedures before allowing access to the patient;
(c) suspend or refuse in-person visitation for a visitor or a primary visitor if the visitor or primary visitor violates the health care facility's visitation policies and procedures;
(d) remove a visitor or primary visitor or deny visitation, if the patient is undergoing a procedure or receiving treatment that would be impeded by visitation;
(e) deny visitation for a visitor or primary visitor if the patient or personal representative objects to the visit; or
(f) prohibit physical contact or visitation if:
(i) the visit or physical contact is prohibited by law;
(ii) the patient is in the custody of the state; or
(iii) the health care facility determines the visit or physical contact:
(A) creates a physical safety risk to the patient, the visitor or primary visitor, or the health care facility's staff;
(B) is counter therapeutic to the patient's well-being; or
(C) is disruptive to the patient's care or treatment.
(6) A health care facility shall provide the department with a copy of the health care facility's visitation policies and procedures:
(a) upon the department's request; and
(b) when the health care facility:
(i) obtains a license to operate from the department;
(ii) renews the license from the department; and
(iii) changes ownership.
(7) A health care facility shall make visitation policies and procedures created in accordance with this section available on the health care facility's website.
(8) The department shall provide:
(a) a description of the requirements of this section on the department's website; and
(b) a method for the public to report a violation of this section.
(9) This section does not apply to the Utah State Hospital.
Enacted by Chapter 276, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.