NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6809
SPONSOR: Chandler-Waterman
 
TITLE OF BILL:
An act to amend the public health law, in relation to providing an
exception to hospital visitation rules for members of the clergy
 
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the public health law, in relation to providing an
exception to hospital visitation rules for members of the clergy.
 
SUMMARY OF PROVISIONS:
Section 1 amends the public health laws by adding a new section 2805 to
read as follows 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 me 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 person-
nel and other patients.
Section 2 states If the hospital's policy restricts the number of visi-
tors 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.
Section 3 states in the event the patient suffers life-threatening emer-
gency 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 hour, provided such visitation complied with the provisions of
subdivision one of this section except as to normal hours of visitation.
Section 4 states 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 Iden-
tification and take any other measures the hospital requires for visita-
tion; or
(d) require any member of the clergy to provide visitation as described
in this section.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
This bill will serve to ensure clergy will be able to provide means of
support to the people that need it the most, and to the families of
those individuals. Clergy has always and continues to alleviate a lot of
fear, tense moments by supporting the spiritual safeguard as well as
emotional care that families need. According to studies allowing clergy
to visit those in hospitals has been shown to help staff burnout and
allow for better experience through tough circumstances.
 
PRIOR LEGISLATIVE HISTORY:
N/A
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
 
EFFECTIVE DATE:
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 is authorized to be made and completed on
or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
6809
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The public health law is amended by adding a new section
2 2805-qq to read as follows:
3 § 2805-qq. Hospital visitation by clergy. 1. No patient shall be
4 denied visitation by a clergy member from his or her religious entity's
5 established congregation, provided:
6 (a) the patient, or the patient's legal representative if the patient
7 is unable to express his or her wishes, requests or consents to such
8 visitation;
9 (b) such visitation is consistent with the hospital's ability to
10 receive visitors at the time of the visitation and on the unit in which
11 the patient is hospitalized;
12 (c) such visitation does not interfere with the treatment of the
13 patient or of other patients; and
14 (d) such visitation does not pose a health or safety risk to the
15 patient or other individuals present at the hospital, including hospital
16 personnel and other patients.
17 2. If the hospital's policy restricts the number of visitors a
18 patient may have at one time, the presence of a single clergy member at
19 the patient's bedside along with the maximum specified number of other
20 visitors shall not be deemed a violation of such policy, provided the
21 visit does not exceed one hour.
22 3. In the event the patient suffers a life-threatening emergency or
23 is at the end of the patient's life, a clergy member from his or her
24 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
1 hour, provided such visitation complied with the provisions of subdivi-
2 sion one of this section except as to normal hours of visitation.
3 4. Nothing in this section shall be construed to:
4 (a) prevent a hospital from restricting visitation by any person when
5 such visitation would pose a health or safety risk to the patient or
6 other individuals present at the hospital, including hospital personnel
7 and other patients;
8 (b) prevent a hospital from restricting visitation by any person in
9 hospital areas in which no visitation or restricted visitation is
10 allowed, including, but not limited to transmissible disease units and
11 burn units;
12 (c) prevent a hospital from requiring the clergy member to provide
13 identification and take any other measures the hospital requires for
14 visitation; or
15 (d) require any member of the clergy to provide visitation as
16 described in this section.
17 § 2. This act shall take effect on the thirtieth day after it shall
18 have become a law. Effective immediately, the addition, amendment and/or
19 repeal of any rule or regulation necessary for the implementation of
20 this act on its effective date are authorized to be made and completed
21 on or before such effective date.