PRINTER'S NO. 1179
No. 1010 Session of 2007
INTRODUCED BY CAPPELLI, BENNINGHOFF, BEYER, CALTAGIRONE,
CASORIO, CLYMER, COHEN, EVERETT, FABRIZIO, FLECK, FRANKEL,
GEIST, GEORGE, GINGRICH, HALUSKA, HENNESSEY, HORNAMAN,
JOSEPHS, M. KELLER, KIRKLAND, KORTZ, KULA, MANDERINO,
McILHATTAN, MYERS, O'NEILL, PHILLIPS, PICKETT, RAPP, SAYLOR,
McILVAINE SMITH, THOMAS, WATSON AND YOUNGBLOOD, APRIL 3, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 3, 2007
AN ACT
1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2 "An act reforming the law on medical professional liability;
3 providing for patient safety and reporting; establishing the
4 Patient Safety Authority and the Patient Safety Trust Fund;
5 abrogating regulations; providing for medical professional
6 liability informed consent, damages, expert qualifications,
7 limitations of actions and medical records; establishing the
8 Interbranch Commission on Venue; providing for medical
9 professional liability insurance; establishing the Medical
10 Care Availability and Reduction of Error Fund; providing for
11 medical professional liability claims; establishing the Joint
12 Underwriting Association; regulating medical professional
13 liability insurance; providing for medical licensure
14 regulation; providing for administration; imposing penalties;
15 and making repeals," providing for patients' visitation
16 rights.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The act of March 20, 2002 (P.L.154, No.13), known
20 as the Medical Care Availability and Reduction of Error (Mcare)
21 Act, is amended by adding a section to read:
22 Section 106. Patients' visitation rights.
1 (a) Authorization.--A patient has the right to designate
2 individuals as visitors so that these designees may accompany
3 the patient while the patient is receiving treatment from a
4 health care provider. This right shall extend only to the
5 patient and may be initiated or rescinded by the patient at any
6 time.
7 (b) Designation.--A patient choosing to designate
8 individuals as visitors may do so verbally, in sign language, in
9 writing or through an interpreter.
10 (c) Procedure.--The full name of each individual so
11 designated and the individual's address, telephone number and
12 relationship to the patient must be provided by the patient, the
13 patient's guardian, the patient's primary care physician or a
14 person maintaining durable power of attorney to the health care
15 provider for recording in the patient's permanent medical
16 record.
17 (d) Handwritten attestation.--If the patient has not had the
18 opportunity to have the visitor designation recorded in the
19 patient's medical records, a signed statement in the patient's
20 own handwriting attesting to the designation of an individual
21 for the purpose of extending visitation rights during the
22 provision of services by a health care provider, along with
23 pertinent information as provided under subsection (c), shall
24 meet all the requirements of this section, provided that two
25 individuals, neither of whom may be the designated individuals,
26 witness the patient's signature on the signed statement.
27 (e) No statement available.--If a signed statement is not
28 available, those designated as agents on a durable power of
29 attorney for health care form shall be allowed visitation
30 privileges.
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1 (f) Number of visitors.--The number of individuals allowed
2 to visit the patient at any given time shall be determined by
3 current health care provider policy.
4 (g) Construction.--This section shall not be construed to
5 prohibit members of the patient's family from visiting the
6 patient if they have not been so designated under this section.
7 Section 2. This act shall take effect in 60 days.
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