Current through Register Vol. 50, No. 9, September 20, 2024
A. For purposes of
§6831 and §6832, a public health emergency
(PHE) is a declaration made pursuant to the Louisiana Health Emergency Powers,
R.S.
29:760 et seq.
B. For purposes of
§6831 and §6832, clergy shall be defined
as follows:
1. as a minister, priest,
preacher, rabbi, imam, Christian Science practitioner; or
2. other similar functionary of a religious
organization; or
3. an individual
reasonably believed to be such a clergy member by the person consulting
him.
C. For purposes of
§6831 and §6832, immediate family shall
mean the following in order of priority:
1.
spouse;
2. natural or adoptive
parent, child, or sibling;
3.
stepparent, stepchild, stepbrother, or stepsister;
4. father-in-law, mother-in-law,
daughter-in-law, sonin-law, brother-in-law, or sister-in-law;
5. grandparent or grandchild; or
6. spouse of a grandparent or grandchild;
or
7. legal or designated
representative of the resident.
D. For purposes of
§6831 and §6832, resident shall mean a
resident or client of a licensed ARCP in Louisiana, or the legal or designated
representative of the resident or client.
E. A licensed ARCP shall comply with any
federal law, regulations, requirement, order or guideline regarding visitation
in ARCPs issued by any federal government agency during a declared PHE. The
provisions of the licensing rules in
§6829 F-I shall be preempted by any
federal statute, regulation, requirement, order or guideline from a federal
government agency that requires an ARCP to restrict resident visitation in a
manner that is more restrictive than the rules.
F. An ARCP facility shall comply with any
Louisiana state health officer (SHO) order or emergency notice regarding
visitation in ARCPs during a declared PHE.
G. An ARCP facility shall comply with any
executive order or proclamation issued by the governor of the state of
Louisiana regarding visitation in ARCPs during a declared PHE.
H. The provisions of this Section regarding
visitation by members of the clergy shall apply to all ARCPS licensed by the
Department of Health.
I. Subject to
the requirements of
§6831 E-G, each ARCP shall allow members
of the clergy to visit residents of the ARCP during a declared PHE when a
resident, or his legal or designated representative, requests a visit with a
member of the clergy, subject to the following conditions and requirements:
1. Each ARCP shall have a written policy and
procedure addressing visitation by members of the clergy. A copy of the written
policy and procedure shall be available, without cost, to the resident and his
legal or designated representative, upon request. The ARCP shall provide a link
to an electronic copy of the policy and procedure to a member of the clergy,
upon request.
2. An ARCP's policy
and procedure regarding clergy visitation may adopt reasonable time, place, and
manner restrictions, provided that such restrictions are implemented by the
ARCP, in consultation with appropriate medical personnel, for the purpose of
mitigating the possibility of transmission of any infectious agent or
infectious disease or for the purpose of addressing the medical condition or
clinical consideration of an individual resident.
3. An ARCP's policy and procedure on clergy
visitation, at a minimum, requires the following:
a. that the ARCP shall give special
consideration and priority for clergy visitation to residents receiving
end-of-life care;
b. that a clergy
member may be screened for infectious agents or infectious diseases, utilizing
at least the current screening or testing methods and protocols recommended by
the Centers for Disease Control and Prevention (CDC), as applicable; if there
is a current Louisiana SHO order or emergency notice that requires more
rigorous screening or testing methods, or protocols, then the ARCP shall
utilize those methods and protocols;
c. that a clergy member may not be allowed to
visit an ARCP resident if such clergy member has obvious signs or symptoms of
an infectious agent, or infectious disease, or if such clergy member tests
positive for an infectious agent, or infectious disease;
d. that a clergy member may not be allowed to
visit an ARCP resident if the clergy member refuses to comply with the
provisions of the ARCP's policy and procedures or refuses to comply with the
ARCP's reasonable time, place, and manner restrictions;
e. that a clergy member may be required to
wear PPE as determined appropriate by the ARCP, considering the resident's
medical condition or clinical considerations; at the ARCP's discretion PPE may
be made available by the ARCP to clergy members.
f. that an ARCP's policy and procedure
include provisions for compliance with a Louisiana SHO order or emergency
notice and with any governor's executive order or proclamation limiting
visitation during a declared PHE;
g. that the resident shall have the right to
consensual, nonsexual physical contact such as hand holding or hugging with a
member of the clergy; and
h. that
an ARCP's policy and procedure include provisions for compliance with any
federal law, regulations, requirements, orders, or guidelines regarding
visitation in ARCPs issued by any federal government agency during a declared
PHE.
4. An ARCP shall
submit a written copy of its visitation policies and procedures on clergy
member visitation, to the Health Standards Section of the Department of Health
(LDH) at the initial licensure survey.
5. After licensure, the facility shall make
its visitation policies and procedures available for review by LDH at any time,
upon request.
6. An ARCP shall
within 24 hours after establishing its written policies and procedures on
clergy member visitation, make its written policies and procedures easily
accessible from the homepage of its website, if the ARCP has a
website.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2166.1-2166.8.
