On Tuesday, Alabama Governor Kay Ivey signed legislation into law that protects the rights of hospital and nursing home patients to receive visitors.
“The ability to visit a cherished loved one, whether in a hospital or nursing home, should be a fundamental right,” Ivey stated. However, all over the country, during the pandemic, many family members, caregivers, and even clergy were denied access to visit and provide emotional support to patients in healthcare facilities. Such restrictions defy the norms of a caring society, and I was pleased to sign this legislation to signal that in Alabama, we support our patients having this fundamental right.”
Senate Bill 113 (SB113) is sponsored by State Sen. Garlan Gudger. It was carried in the House by Rep. Debbie Wood.
Senate Bill 113 requires healthcare facilities to adopt specific visitation policies. The bill provides that patients have a right to visitation and can designate an essential caregiver. It also guarantees that the caregiver has visitation rights.
“I supported that bill,” said Speaker of the House Nathaniel Ledbetter. “It is only fair.”
Thousands of Alabamians have died without their loved ones present since COVID restrictions began in 2020.
“I would hate to know that I couldn’t visit my loved one,” Ledbetter said.
Rep. Wood explained that patients could change their caregivers while in the hospital. For example, one adult child could be the designated caregiver on one day and their sibling on the next.
Wood also said the bill prohibits a healthcare facility from requiring visitors to show proof of vaccination. They are also prohibited from banning consensual physical contact between visitors and patients.
The Alabama Department of Public Health (ADPH) will be tasked with requiring healthcare facilities to provide visitation policies to the Department of Public Health. That visitation policy cannot be more restrictive than the policy that the hospital has for its staff. ADPH will develop a mechanism for complaints to be lodged and will have a page on its website that explains the visitation rights law. SB113 also provides for certain immunity from liability.
A doctor may, in certain circumstances, exempt a psychiatric care facility from the visitation requirement.
The bill is named after Harold Sachs – the longtime Chief of Staff of the Alabama Republican Party. Sachs was diagnosed with COVID-19 and pneumonia in late 2020. His condition deteriorated quickly, and after a few weeks, he passed away. Sachs’ family – like many Alabama families- were not allowed to visit Harold in the COVID-19 ward.
The Sachs family for their efforts in getting the bill passed.
The bill also was amended to include the name Ann Roberts in the title. Ann Roberts was the wife of State Sen. Dan Roberts. She lost a long battle with COVID-19 in 2021.
SB113 passed the Alabama House of Representatives 100 to 1.
SB113 has already passed the Senate on a 33 to 0 vote.
Wednesday will be the 12th legislative day of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the legislature to no more than thirty legislative days in a regular session.
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