Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.

1. (1) As used in this section:

   1. (a) "Patient" means an individual who receives care or services from a health care facility.
   2. (b) "Personal representative" means an individual described in 45 C.F.R. Sec. 164.502(g).
   3. (c) "Primary visitor" means an individual who a patient designates under Subsection (3).

2. (2) A health care facility shall establish visitation policies and procedures that shall, at a minimum, include provisions regarding:

   1. (a) infection control;
   2. (b) infection control education for visitors;
   3. (c) personal protective equipment requirements when necessary for infection control;

   4. (d) for a visitor who is not a primary visitor:

      1. (i) maximum duration of visits;
      2. (ii) maximum number of visitors a patient may have each day;
      3. (iii) maximum number of visitors a patient may have at one time; and
   5. (e) the individual or position at the health care facility that is responsible for ensuring that staff adhere to the policies and procedures.

3. (3)

   1. (a) A patient or the patient's personal representative may designate one individual as a primary visitor.
   2. (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. (4) A health care facility may not:

   1. (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;
   2. (b) require a visitor or primary visitor to show proof of vaccination or immunization status;
   3. (c) except as provided in Subsection (5), prohibit physical contact between the visitor and the patient the visitor is visiting; or
   4. (d) deny a visitor or primary visitor access to the patient unless visitation is denied, modified, or limited as provided in Subsection (5).

5. (5) A health care facility may:

   1. (a) exclude certain areas of the health care facility from visitor and primary visitor access;
   2. (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;
   3. (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;
   4. (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;
   5. (e) deny visitation for a visitor or primary visitor if the patient or personal representative objects to the visit; or

   6. (f) prohibit physical contact or visitation if:

      1. (i) the visit or physical contact is prohibited by law;
      2. (ii) the patient is in the custody of the state; or

      3. (iii) the health care facility determines the visit or physical contact:

         1. (A) creates a physical safety risk to the patient, the visitor or primary visitor, or the health care facility's staff;
         2. (B) is counter therapeutic to the patient's well-being; or
         3. (C) is disruptive to the patient's care or treatment.

6. (6) A health care facility shall provide the department with a copy of the health care facility's visitation policies and procedures:

   1. (a) upon the department's request; and

   2. (b) when the health care facility:

      1. (i) obtains a license to operate from the department;
      2. (ii) renews the license from the department; and
      3. (iii) changes ownership.
7. (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. (8) The department shall provide:

   1. (a) a description of the requirements of this section on the department's website; and
   2. (b) a method for the public to report a violation of this section.
9. (9) This section does not apply to the Utah State Hospital.

Enacted by Chapter 276, 2023 General Session