Section 26B-2-242 - Visitation policy(1) As used in this section: (a) "Patient" means an individual who receives care or services from a health care facility.(b) "Personal representative" means an individual described in 45 C.F.R. Sec. 164.502(g).(c) "Primary visitor" means an individual who a patient designates under Subsection (3).(2) A health care facility shall establish visitation policies and procedures that shall, at a minimum, include provisions regarding: (b) infection control education for visitors;(c) personal protective equipment requirements when necessary for infection control;(d) for a visitor who is not a primary visitor:(i) maximum duration of visits;(ii) maximum number of visitors a patient may have each day;(iii) maximum number of visitors a patient may have at one time; and(e) the individual or position at the health care facility that is responsible for ensuring that staff adhere to the policies and procedures.(3)(a) A patient or the patient's personal representative may designate one individual as a primary visitor.(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) A health care facility may not: (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;(b) require a visitor or primary visitor to show proof of vaccination or immunization status;(c) except as provided in Subsection (5), prohibit physical contact between the visitor and the patient the visitor is visiting; or(d) deny a visitor or primary visitor access to the patient unless visitation is denied, modified, or limited as provided in Subsection (5).(5) A health care facility may: (a) exclude certain areas of the health care facility from visitor and primary visitor access;(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;(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;(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;(e) deny visitation for a visitor or primary visitor if the patient or personal representative objects to the visit; or(f) prohibit physical contact or visitation if:(i) the visit or physical contact is prohibited by law;(ii) the patient is in the custody of the state; or(iii) the health care facility determines the visit or physical contact: (A) creates a physical safety risk to the patient, the visitor or primary visitor, or the health care facility's staff;(B) is counter therapeutic to the patient's well-being; or(C) is disruptive to the patient's care or treatment.(6) A health care facility shall provide the department with a copy of the health care facility's visitation policies and procedures: (a) upon the department's request; and(b) when the health care facility:(i) obtains a license to operate from the department;(ii) renews the license from the department; and(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) The department shall provide: (a) a description of the requirements of this section on the department's website; and(b) a method for the public to report a violation of this section.(9) This section does not apply to the Utah State Hospital.Added by Chapter 276, 2023 General Session ,§ 1, eff. 7/1/2023, technically renumbered.