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6. The individual is determined to be a danger to the patient or to be contrary
25to the welfare of the patient.
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17. Restricted access is permissible under sub. (7).
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2(5) Hospice visitation. A patient who is receiving hospice care or the guardian,
3spouse, or support person of a patient who is receiving hospice care may designate
4additional family members and friends who may have personal contact with the
5patient at reasonable times.
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6(6) Clergy member or lay person offering religious or spiritual support
7visitation. A health care facility must permit a clergy member or lay person offering
8religious or spiritual support to have personal contact with a patient to pray with or
9offer spiritual support for the patient while the patient receives care from the health
10care facility.
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11(7) Visitation limits or restrictions. A health care facility may establish
12visitation policies that limit or restrict visitation when any of the following is true:
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(a) The presence of visitors would be medically or therapeutically
14contraindicated.
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(b) The presence of visitors would interfere with the care of or rights of any
16patient or resident.
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(c) Visitors are engaging in disruptive, threatening, or violent behavior toward
18a staff member, patient, or other visitor.
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(d) Visitors are noncompliant with a policy of the health care facility.
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20(8) Informational materials. (a) Within 30 days after the effective date of this
21paragraph .... [LRB inserts date], the department shall develop informational
22materials on patient visitation under this section.
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(b) The department shall submit a report regarding patient visitation under
24this section to the appropriate standing committees of the legislature under s. 13.172
25(3).
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1(c) A health care facility shall make the informational materials under par. (a)
2accessible to patients and residents upon admission or registration and shall post the
3informational materials on its website.
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(d) Every 60 days or upon the release of applicable federal guidelines, the
5department, with input from the long-term care industry and the hospital industry,
6shall reevaluate and update the informational materials under par. (a) as needed to
7allow for the maximum possible visitation in a health care facility under applicable
8federal guidelines.
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(e) The informational materials under par. (a) shall take into consideration and
10include the highest amount of privacy and dignity for interaction between patients
11and visitors.
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12(9) Complaints and investigation. (a) An individual may file with the
13appropriate state agency or licensing board, including the department, a complaint
14against a health care provider or a health care facility for failing to comply with this
15section. That state agency or licensing board shall investigate the complaint and
16may penalize a health care provider or health care facility for failure to comply with
17this section.
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18(10) Limited liability of health care facilities. A state agency may not take
19any action against a health care facility for any of the following:
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(a) Giving a visitor or other individual access to a health care facility.
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(b) Failing to protect or otherwise ensure the safety or comfort of a visitor or
22other individual given access to a health care facility.
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(c) Failing to follow the federal centers for disease control and prevention or the
24federal centers for medicare and medicaid services guidelines or other national
1guidelines that require or recommend restricting visitor access to a health care
2facility.
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(d) The acts or omissions of any visitor or other individual who is given access
4to a health care facility.
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5(11) Construction. (a) This section does not apply to any of the following:
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1. A minor who is in the custody of a county department, as defined under s.
748.02 (2g), a licensed child welfare agency, or the department of children and
8families.
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2. A minor who is a suspected victim in a pending abuse investigation under
10s. 48.981 (3).
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3. An individual who is in the custody of the department of corrections.
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4. An individual who is attending a preventive health care office visit during
13which evidence-based guidelines for preventive care recommend a confidential visit
14component for youth, as mutually agreed to by the patient and his or her physician.
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(b) The rights specified in this section may not be terminated, suspended, or
16waived by any of the following:
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1. A health care facility.
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2. The department.
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3. A state or local board of health.
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4. The governor upon declaring of a state of emergency under s. 323.10 or
21ordering the department to take action.
