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



SB1405 EngrossedLRB102 11182 KTG 16514 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17number of visitors per patient or the movement of visitors
18within the facility.
19    (a-5) Notwithstanding subsection (a), during a period for
20which the Governor has issued a proclamation under Section 7
21of the Illinois Emergency Management Agency Act declaring that
22a disaster exists or in the event of an outbreak or epidemic of
23a communicable disease in the community in which the health



SB1405 Engrossed- 2 -LRB102 11182 KTG 16514 b

1care facility is located, a health care facility shall ensure
2an opportunity for at least one visitor to visit a resident or
3patient of the health care facility. A health care facility
4shall not count a clergyperson toward any limit on the number
5of visitors permitted to visit a resident or patient at one
6time and shall permit a clergyperson to visit with a resident
7or patient in addition to the permitted number of visitors.
8Visitation shall be subject to the guidelines, conditions, and
9limitations of the health care facility's visitation policy
10and any rules or guidelines established by the U.S. Centers
11for Medicare and Medicaid Services and the Centers for Disease
12Control and Prevention.
13    Visitors under this subsection may be required by the
14health care facility to submit to health screenings necessary
15to prevent the spread of infectious disease. A health care
16facility may restrict a visitor who does not pass its health
17screening requirement. A health care facility may require a
18visitor to adhere to infection control procedures, including
19wearing personal protective equipment. A health care facility
20may deny visitation under this Act if the situation demands
21it, such as if it is determined visitation would endanger the
22physical health or safety of a patient, the visitor, or health
23care workers.
24    (b) Nothing in this Section shall be construed to further
25limit or restrict the right of visitation provided by other
26provisions of law or restrict the ability of a health care



SB1405 Engrossed- 3 -LRB102 11182 KTG 16514 b

1facility to regulate hours of visitation, except as set forth
2in subsection (a-5), the number of visitors per patient, or
3the movement of visitors within the health care facility.
4    (c) For the purposes of this Section a "health care
5facility" does not include a developmental disability
6facility, a mental health facility or a mental health center.
7(Source: P.A. 87-651.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.