S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6809
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  providing  an
   exception to hospital visitation rules for members of the clergy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2805-qq to read as follows:
   §  2805-QQ.  HOSPITAL  VISITATION  BY  CLERGY.  1. NO PATIENT SHALL BE
 DENIED VISITATION BY A CLERGY MEMBER FROM HIS OR HER RELIGIOUS  ENTITY'S
 ESTABLISHED CONGREGATION, PROVIDED:
   (A)  THE PATIENT, OR THE PATIENT'S LEGAL REPRESENTATIVE IF THE PATIENT
 IS UNABLE TO EXPRESS HIS OR HER WISHES, REQUESTS  OR  CONSENTS  TO  SUCH
 VISITATION;
   (B)  SUCH  VISITATION  IS  CONSISTENT  WITH  THE HOSPITAL'S ABILITY TO
 RECEIVE VISITORS AT THE TIME OF THE VISITATION AND ON THE UNIT IN  WHICH
 THE PATIENT IS HOSPITALIZED;
   (C)  SUCH  VISITATION  DOES  NOT  INTERFERE  WITH THE TREATMENT OF THE
 PATIENT OR OF OTHER PATIENTS; AND
   (D) SUCH VISITATION DOES NOT POSE A  HEALTH  OR  SAFETY  RISK  TO  THE
 PATIENT OR OTHER INDIVIDUALS PRESENT AT THE HOSPITAL, INCLUDING HOSPITAL
 PERSONNEL AND OTHER PATIENTS.
   2.    IF  THE  HOSPITAL'S  POLICY RESTRICTS THE   NUMBER OF VISITORS A
 PATIENT MAY HAVE AT ONE TIME, THE PRESENCE OF A SINGLE CLERGY MEMBER  AT
 THE  PATIENT'S  BEDSIDE ALONG WITH THE MAXIMUM SPECIFIED NUMBER OF OTHER
 VISITORS SHALL NOT BE DEEMED A VIOLATION OF SUCH  POLICY,  PROVIDED  THE
 VISIT DOES NOT EXCEED ONE HOUR.
   3.    IN THE EVENT THE PATIENT SUFFERS A LIFE-THREATENING EMERGENCY OR
 IS AT THE END OF THE PATIENT'S LIFE, A CLERGY MEMBER  FROM  HIS  OR  HER
 RELIGIOUS ENTITY'S ESTABLISHED CONGREGATION MAY VISIT THE PATIENT AT ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10584-01-3
 A. 6809                             2
              

 
 HOUR,  PROVIDED SUCH VISITATION COMPLIED WITH THE PROVISIONS OF SUBDIVI-
 SION ONE OF THIS SECTION EXCEPT AS TO NORMAL HOURS OF VISITATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
   (A) PREVENT  A HOSPITAL FROM RESTRICTING VISITATION BY ANY PERSON WHEN
 SUCH  VISITATION  WOULD  POSE  A HEALTH OR SAFETY RISK TO THE PATIENT OR
 OTHER INDIVIDUALS PRESENT AT THE HOSPITAL, INCLUDING HOSPITAL  PERSONNEL
 AND OTHER PATIENTS;
   (B)  PREVENT  A  HOSPITAL FROM RESTRICTING VISITATION BY ANY PERSON IN
 HOSPITAL AREAS IN  WHICH  NO  VISITATION  OR  RESTRICTED  VISITATION  IS
 ALLOWED,  INCLUDING,  BUT NOT LIMITED TO TRANSMISSIBLE DISEASE UNITS AND
 BURN UNITS;
   (C) PREVENT A HOSPITAL FROM REQUIRING THE  CLERGY  MEMBER  TO  PROVIDE
 IDENTIFICATION  AND  TAKE  ANY  OTHER MEASURES THE HOSPITAL REQUIRES FOR
 VISITATION; OR
   (D) REQUIRE  ANY  MEMBER  OF  THE  CLERGY  TO  PROVIDE  VISITATION  AS
 DESCRIBED IN THIS SECTION.
   §  2.   This act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.