Montana Code 50-5-1404. Patient visitation rights
50-5-1404. Patient visitation rights. (1) A patient has a right to a minimum of 2 hours of in-person visitation a day, which, subject to clinical and safety restrictions, may not be limited to one visitor a day, restricted, terminated, suspended, or waived by a care facility, the department of public health and human services, or the governor, including during a state of emergency or disaster declared by the governor.
Terms Used In Montana Code 50-5-1404
- Care facility: means a hospice, hospital, or long-term care facility. See Montana Code 50-5-1403
- Patient: means an individual receiving services from a care facility. See Montana Code 50-5-1403
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A care facility may not:
(a)require a patient to waive the visitation rights specified in this section; or
(b)subject to 49-2-312 and 49-2-313, impose a restriction on visitation based on a visitor’s vaccination status or require a visitor to receive a vaccination.
(3)A care facility may, consistent with the precautions required to be taken by staff and other personnel:
(a)require a visitor to submit to health screenings necessary to prevent the spread of infectious diseases;
(b)restrict a visitor who does not pass health screening requirements;
(c)require a visitor to adhere to infection control procedures, including wearing personal protective equipment; and
(d)limit the number of persons in a room at one time pursuant to occupancy laws.
(4)A care facility shall post in a conspicuous place on the premises of the care facility informational materials developed by the department of public health and human services explaining the rights specified in this section.