Health care facilities and clergy.

Plain English Breakdown

Checked against official source text during the last sync.

Health Care Facilities and Clergy Visitation

This law allows clergy members to visit patients or residents of health care facilities during public health emergencies, provided they follow certain requirements set by the facility.

What This Bill Does

• Allows clergy members to have in-person visits with patients or residents at health care facilities during a public health emergency.
• Requires these visits to be requested either by the patient or resident themselves, or their legally authorized representative if incapacitated.
• Permits health care facilities to set rules for clergy visitation that must be followed by visiting clergy members.
• Specifies that a facility cannot stop a clergy member from visiting unless they refuse to follow the facility's rules.

Who It Names or Affects

• Patients and residents of health care facilities during public health emergencies.
• Clergy members who wish to visit patients or residents in these facilities.
• Health care facilities that must allow clergy visits under certain conditions.

Terms To Know

Clergy member

A rabbi, priest, minister, or any person acting as a lay religious counselor of any religious denomination or sect.

Health care facility

Includes hospitals and other medical facilities where patients receive long-term care.

Limits and Unknowns

• The law only applies during public health emergencies.
• Facilities can set their own rules for clergy visits, which must be followed by visiting clergy members.

Official Summary Text

Bill Summary - 23LSO-0308
Bill No.:

HB0127

Effective:

Immediately

LSO No.:

23LSO-0308

Enrolled Act No.:

HEA No. 0041

Chapter No.:

74

Prime Sponsor:

Angelos

Catch Title:

Health care facilities and clergy.

Subject:

Authorizes clergy members to have in-person visitation at health care facilities.

Summary/Major Elements:

This act allows clergy members to have in-person visitation with residents or patients of health care facilities during public health emergencies. The visitation must be at the request of the patient or resident or their legally authorized representative if the patient or resident is incapacitated.

This act allows health care facilities to impose and enforce requirements that clergy members will have to comply with in order to have in-person visitation within the facilities. A health care facility cannot prohibit a clergy member from visiting a facility unless the clergy member refuses to follow these requirements.

This act provides definitions of clergy member, health care facility and public health emergency.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

23LSO-0308

ORIGINAL House

Bill No
.
HB0127

ENROLLED ACT NO. 41,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to public health and safety; requiring health care facilities to allow clergy members to visit health care facilities as specified; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
2
‑
122 is created to read:

35
‑
2
‑
122.

In
‑
person visitation with clergy members.

(a)

As used in this section:

(i)

"Clergy member" means a rabbi, priest, minister or any person acting as a lay religious counselor of any religious denomination or sect;

(ii)

"Health care facility" includes but is not limited to as defined in W.S. 35
‑
2
‑
901(a)(x);

(iii)

"Public health emergency" means as defined in W.S. 35
‑
4—115(a)(i).

(b)

Except as provided in subsection (c) of this section, no health care facility shall prohibit a resident or patient of that facility from receiving in
‑
person visitation with a clergy member during a public health emergency, provided that the visitation is at the request of:

(i)

The patient or resident; or

(ii)

The patient's or resident's legally authorized representative, including a family member of the patient or resident, if the patient or resident is incapacitated.

(c)

During a public health emergency, a health care facility may impose and enforce requirements promulgated under W.S.

35
‑
1
‑
240 or by the centers for disease control and prevention, the centers for Medicaid and Medicare services, the state health officer under W.S. 35
‑
1
‑
240, the joint commission on the accreditation of healthcare organizations or other accredited organizations that provide deemed status on behalf of the centers for Medicaid and Medicare services for health care for clergy members to comply with to visit patients or residents of that facility. A health care facility shall not prohibit a clergy member from visiting a patient or resident in that facility unless the clergy member refuses to follow the requirements that the health care facility has required in accordance with this subsection.

Section 2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1