Current through Register Vol. 50, No. 9, September 20, 2024
A. For purposes of
§8259 and §8261, a public health emergency
(PHE) is a declaration made pursuant to the Louisiana Health Emergency Powers,
R.S.
29:790 et seq., or current law.
B. For purposes of this Section, clergy shall
be defined as follows:
1. 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
§8259 and §8261, patient shall mean a
patient of a licensed inpatient hospice in Louisiana, or the legal or
designated representative of the patient.
D. A licensed inpatient hospice shall comply
with any federal law, regulation, requirement, order or guideline regarding
visitation in an inpatient hospice issued by any federal government agency
during a declared PHE. The provisions of the licensing rules in
§8259 E-H shall be preempted by any
federal statute, regulation, requirement, order, or guideline from a federal
government agency that requires an inpatient hospice to restrict patient
visitation in a manner that is more restrictive than the rules.
E. An inpatient hospice shall comply with any
Louisiana state health officer (SHO) order or emergency notice regarding
visitation in an inpatient hospice during a declared PHE.
F. An inpatient hospice shall comply with an
executive order or proclamation issued by the governor of the state of
Louisiana regarding visitation in an inpatient hospice during a declared
PHE.
G. The provisions of this
Section regarding visitation by members of the clergy shall apply to all
inpatient hospice facilities licensed by the Department of Health
(LDH).
H. Subject to the
requirements of
§8259 D-F, each inpatient hospice shall
allow a member of the clergy to visit patients of an inpatient hospice during a
declared PHE when a patient, or his legal or designated representative,
requests a visit with a member of the clergy, subject to the following
conditions and requirements:
1. Each
inpatient hospice 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 patient and his legal or designated
representative, upon request. The inpatient hospice shall provide a link to an
electronic copy of the policy and procedure to a member of the clergy, upon
request.
2. An inpatient hospice's
policy and procedure regarding clergy visitation may adopt reasonable time,
place, and manner restrictions, provided that such restrictions are implemented
by the inpatient hospice, 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 patient.
3. An inpatient hospice's policy and
procedure on clergy visitation, at a minimum, requires the following:
a. 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;
i. if there is a current Louisiana SHO order
or emergency notice that requires more rigorous screening or testing methods
and protocols, then the inpatient hospice shall utilize those methods and
protocols;
b. that a
clergy member may not be allowed to visit an inpatient hospice patient 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;
c.
that a clergy member may not be allowed to visit an inpatient hospice if the
clergy member refuses to comply with the provisions of the inpatient hospice's
policy and procedure or refuses to comply with the inpatient hospice's
reasonable time, place, and manner restrictions;
d. that a clergy member may be required to
wear personal protective equipment (PPE) as determined appropriate by the
inpatient hospice, considering the patient's medical condition or clinical
considerations;
i. the inpatient hospice's
discretion PPE may be made available by the inpatient hospice to clergy
members;
e. that an
inpatient hospice'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;
f. that the patient shall have the right to
consensual, nonsexual physical contact such as hand holding or hugging with a
member of the clergy; and
g. that
an inpatient hospice's policy and procedure include provisions for compliance
with any federal law, regulations, requirements, orders, or guidelines
regarding visitation in an inpatient hospice issued by any federal government
agency during a declared PHE.
4. An inpatient hospice shall submit a
written copy of its visitation policies and procedures on clergy member
visitation, to the Health Standards Section of LDH at the initial licensure
survey.
5. After licensure, the
inpatient hospice shall make its visitation policies and procedures available
for review by LDH at any time, upon request.
6. An inpatient hospice 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.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2181-2192.
