1261.
(a) A health facility shall allow a patient’s spouse or domestic partner, the patient’s children, the patient’s parents, the patient’s grandchildren, the patient’s grandparents, the children of the patient’s spouse or domestic partner, and the spouse or domestic partner of the patient’s parent or child to visit, unless either of the following is met:(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.
(B) If
circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety.
(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.
(b) (1) Notwithstanding paragraph (1) of subdivision (a), and in accordance with subdivision (c), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.
(2) (A) This subdivision does not require a health facility to permit a
visitor who is violent or potentially violent to enter the facility or visit a patient.
(B) It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients in end-of-life situations while at the same time recognizing hospitals’ obligations to provide a safe environment for patients, staff, and visitors.
(3) For purposes of this subdivision, a health facility may require visitors to adhere to personal protective equipment and testing protocols not greater than those required of facility staff for the duration of their visit. The facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended
to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards required by the facility for its own staff.
(c) (1) This section does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including, but not limited to, restrictions upon the hours of visitation, age of visitors, supervision of minor visitors, and number of visitors.
(2) Infants under one year of age shall not be counted against the total number of visitors if a facility imposes a restriction on the number of visitors allowed at the same time.
(d) For purposes of this section, “domestic partner” has the same meaning as that term is used in Section 297 of the Family Code.
(e) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements.