Section 40:2005.1 - Visitation by members of clergy during a declared public health emergencyA. The legislature declares that the purpose of this Section is to protect the religious liberty of each patient or resident and to protect inpatient health care facilities from costly lawsuits and administrative complaints on the basis of religious discrimination by affording patient or resident access to members of the clergy provided that those members of the clergy enter the inpatient health care facility on a voluntary basis and comply with the safety requirements of the facility in order to visit and minister to the patient or resident.B.(1) The Louisiana Department of Health shall promulgate rules, pursuant to the Administrative Procedure Act, to require inpatient health care facilities to allow members of the clergy to visit patients or residents during a public health emergency whenever a patient or resident requests such a visit. Special consideration shall be given to patients or residents receiving end-of-life care.(2)(a) The rules shall include but not be limited to definitions, minimum requirements including the right to consensual nonsexual physical contact such as hand-holding or hugging, and provisions to protect the health, safety, and welfare of the patients or residents and the staff of the inpatient healthcare facility. However, the rules may not require visitors to submit proof of any vaccination or immunization.(b) The rules shall allow inpatient health care facilities to adopt reasonable time, place, and manner restrictions on patient or resident visitation that are implemented for the purpose of mitigating the possibility of transmission of any infectious agent or disease or to address the medical condition or clinical considerations of an individual patient.(3) The rules promulgated pursuant to this Section shall be preempted by any federal statute, federal regulation, or guidance from a federal government agency that requires an inpatient health care facility to restrict patient visitation in a manner that is more restrictive than the rules adopted by the Louisiana Department of Health pursuant to this Section.C. For purposes of this Section, the following definitions shall apply:(1) "Inpatient health care facilities"means all of the following: (a) A hospital licensed pursuant to Part II of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950 but shall not include a licensed hospital that is designated as a forensic facility.(b) A nursing home, as defined in R.S. 40:2009.2.(c) An adult residential care home, as defined in R.S. 40:2166.3, including but not limited to assisted living facilities.(2) "Patient or resident" means the patient or resident of the inpatient health care facility or the legal or designated representative of the patient or resident.(3) "Public health emergency" means a state of public health emergency that is declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.La. Public Health and Safety § 40:2005.1
Acts 2020, 2nd Ex. Sess., No. 30, §2, eff. Oct. 28, 2020; Acts 2023, No. 367, §1.Amended by Acts 2023, No. 367,s. 1, eff. 8/1/2023.Added by Acts 2020EX2, No. 30,s. 2, eff. 10/28/2020.