31-7-431. Rights; obligations; suspension or termination.

A minor who is admitted to a hospital or long-term care facility shall have the right to have a parent, guardian, person standing in loco parentis, or other designated essential caregiver who shall be allowed to be physically present at all times while the minor patient or resident is in such hospital or long-term care facility. Such parent, guardian, person standing in loco parentis, or other designated essential caregiver shall be required to comply with all hospital or long-term care facility policies, rules of conduct, and reasonable safety protocols, including wearing personal protective equipment provided by the hospital or long-term care facility.#

An adult who is admitted to a hospital or long-term care facility shall have the right to have a designated essential caregiver who shall be allowed to be physically present at all times while the adult patient or resident is in such hospital or long-term care facility. Such designated essential caregiver shall be required to comply with all hospital or long-term care facility policies, rules of conduct, and reasonable safety protocols, including wearing personal protective equipment provided by the hospital or long-term care facility.#

Nothing in this Code section shall be construed to require a hospital or long-term care facility to allow a designated essential caregiver to enter an operating room, isolation room, isolation unit, behavioral health setting, or other typically restricted area or to remain present during the administration of emergency care. Nothing in this Code section shall be construed to require a hospital or long-term care facility to allow a designated essential caregiver access beyond the rooms, units, or wards in which the patient or resident is receiving care or residing, beyond general common areas in the hospital or long-term care facility, or in areas of the hospital or long-term care facility where the presence of unauthorized persons may be a safety or security risk.#

A hospital or long-term care facility may suspend or terminate the access of a designated essential caregiver:#

1. (1)

   Upon the request of the adult patient or resident;#

2. (2)

   For noncompliance with hospital or long-term care facility policy;#

3. (3)

   For failure to comply with reasonable safety protocols or rules of conduct;#

4. (4)

   If the designated essential caregiver presents a substantial health or safety risk to the patient, other patients or residents, visitors, or staff;#

5. (5)

   To any patient or resident who is under the custody of a law enforcement agency or a correctional institution; or#

6. (6)

   Upon court order.#