HB2665112th GA (Historical)Introduced

Amends TCA Title 14; Title 29; Title 49; Title 50; Title 63 and Title 68.

ON APRIL 7, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2665, AS AMENDED. AMENDMENT #1 rewrites this bill and: (1) Redefines "private business" under the laws governing COVID-19 to include an entity other than a school that operates a residential congregate living facility, including, but not limited to, a home that provides care for adults with disabilities or traumatic brain injury, a home that provides residential mental health treatment for children or adults, or an alcohol and drug treatment facility; and (2) Rewrites the present law provision whereby, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a hospital may not restrict a patient from having at least one family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 and is not exhibiting symptoms of COVID-19 or another virus or communicable disease. This amendment instead requires hospitals to implement written policies and procedures regarding the patient's right to receive visitation during a period when COVID-19 is a healthcare concern, including: (A) Policies and procedures setting forth any clinically necessary or reasonable restriction or limitation that the hospital may need to place on a patient's right to visitation; and (B) The reasons for the clinically necessary or reasonable restriction. (3) Require hospitals, for purposes of allowing visitation during a period when COVID-19 is a healthcare concern, to: (A) Inform the patient or patient representative of the patient's visitation rights, including any clinical restriction or limitation on such rights; (B) Inform the patient or patient representative of the right, subject to the patient's or patient representative's consent, to receive visitors whom the patient or patient representative designates and the patient's or patient representative's right to withdraw such consent at any time; and (C) Not restrict, limit, or deny visitation privileges on the basis of race, color, national origin, religion, sex, or disability; (4) Prohibits a hospital from restricting a patient from having at least one patient representative as a visitor during a period when COVID-19 is a healthcare concern, as long as the patient representative agrees to follow all safety protocols established by the hospital pursuant to this amendment, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the hospital; and (5) Provides that this amendment does not preclude a hospital from placing limitations on the frequency and duration of visitation in areas of the hospital that necessitate a higher level of safety protocols. ON APRIL 27, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2665 FOR SENATE BILL 2449, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2665, AS AMENDED. AMENDMENT #2 adds to this bill and the present law provisions governing COVID-19, which requires that any disciplinary process, or action taken pursuant to such process, that is implemented by a health-related board regarding the dispensing or prescribing of medication for COVID-19 must be promulgated as a rule pursuant to the Uniform Administrative Procedures Act. This amendment adds that the above-described present law provision not apply to the dispensing or prescribing of controlled substances. This amendment specifies that the exemption created by it does not affect how the dispensing or prescribing of controlled substances is regulated under present laws governing controlled substances.

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Overview

ON APRIL 7, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2665, AS AMENDED. AMENDMENT #1 rewrites this bill and: (1) Redefines "private business" under the laws governing COVID-19 to include an entity other than a school that operates a residential congregate living facility, including, but not limited to, a home that provides care for adults with disabilities or traumatic brain injury, a home that provides residential mental health treatment for children or adults, or an alcohol and drug treatment facility; and (2) Rewrites the present law provision whereby, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a hospital may not restrict a patient from having at least one family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 and is not exhibiting symptoms of COVID-19 or another virus or communicable disease. This amendment instead requires hospitals to implement written policies and procedures regarding the patient's right to receive visitation during a period when COVID-19 is a healthcare concern, including: (A) Policies and procedures setting forth any clinically necessary or reasonable restriction or limitation that the hospital may need to place on a patient's right to visitation; and (B) The reasons for the clinically necessary or reasonable restriction. (3) Require hospitals, for purposes of allowing visitation during a period when COVID-19 is a healthcare concern, to: (A) Inform the patient or patient representative of the patient's visitation rights, including any clinical restriction or limitation on such rights; (B) Inform the patient or patient representative of the right, subject to the patient's or patient representative's consent, to receive visitors whom the patient or patient representative designates and the patient's or patient representative's right to withdraw such consent at any time; and (C) Not restrict, limit, or deny visitation privileges on the basis of race, color, national origin, religion, sex, or disability; (4) Prohibits a hospital from restricting a patient from having at least one patient representative as a visitor during a period when COVID-19 is a healthcare concern, as long as the patient representative agrees to follow all safety protocols established by the hospital pursuant to this amendment, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the hospital; and (5) Provides that this amendment does not preclude a hospital from placing limitations on the frequency and duration of visitation in areas of the hospital that necessitate a higher level of safety protocols. ON APRIL 27, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2665 FOR SENATE BILL 2449, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2665, AS AMENDED. AMENDMENT #2 adds to this bill and the present law provisions governing COVID-19, which requires that any disciplinary process, or action taken pursuant to such process, that is implemented by a health-related board regarding the dispensing or prescribing of medication for COVID-19 must be promulgated as a rule pursuant to the Uniform Administrative Procedures Act. This amendment adds that the above-described present law provision not apply to the dispensing or prescribing of controlled substances. This amendment specifies that the exemption created by it does not affect how the dispensing or prescribing of controlled substances is regulated under present laws governing controlled substances.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
386530402290

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HB2665: Amends TCA Title 14; Title 29; Title 49; Title 50; Title 63 and Title 68. | LegisGo