Revises provisions relating to elections. (BDR 24-101)
AB 92 expands and clarifies health facility visitation rights to include more family and partners, requires safety or patient wishes-based visitation restrictions, and strengthens
AB 92 expands and clarifies health facility visitation rights to include more family and partners, requires safety or patient wishes-based visitation restrictions, and strengthens
Summary of bill status and purpose
- Bill number and title: AB 92, Dianne’s Law (Patient visitation)
- Introduced: January 6, 2025
- Current status: In committee; hearing postponed by committee (as of April 9, 2025)
- Referred to: California Assembly Committee on Health
- Fiscal/Local impact: Local program created; no state reimbursement required; no appropriation indicated
Purpose and intent
- Expand and clarify patient visitation rights in health facilities regulated by the Department of Public Health.
- Reinforce the role of visitors (including family and care partners) in patient care, recovery, decisionmaking, and discharge planning.
- Prioritize open visitation while maintaining patient, staff, and visitor safety, including in end-of-life situations.
Key provisions and changes
- Expanded list of eligible visitors (1261 Health and Safety Code): A health facility must allow visitation by:
- The patient’s spouse or domestic partner
- The patient’s children
- The patient’s parents
- The patient’s grandchildren
- The patient’s grandparents
- The children of the patient’s spouse or domestic partner
- The spouse or domestic partner of the patient’s parent or child
- Conditions for visitation remain, with added requirements:
- Visitation can be restricted only if:
- No visitors are allowed; or
- The facility reasonably determines that a visitor would endanger health/safety or disrupt operations; or
- The patient has indicated to staff that they do not want the visitor to visit.
- If health or safety concerns require restricting visitor access, facilities must develop alternate visitation protocols that maximize visitation while preserving safety.
- End-of-life visitation:
- In-person visitation cannot be prohibited in end-of-life situations unless the patient has indicated they do not want the visitor.
- Violent or potentially violent visitors may be restricted.
- Facilities may require visitors to follow personal protective equipment (PPE) and testing protocols not greater than those required of staff during the visit.
- Facilities must provide PPE and testing resources to visitors to the extent these resources are readily available from state/local sources.
- Visitors may supply their own PPE if it meets minimum standards.
- Additional restrictions and counting rules:
- Facilities may impose reasonable visitation restrictions (hours, age, supervision of minors, number of visitors).
- Infants under one year are not counted toward the visitor limit.
- Definitions and liability:
- “Domestic partner” defined consistently with Family Code §297.
- The bill does not create new civil/criminal liability for facilities that comply with its requirements.
- Relationship to existing law:
- Builds on current visitation rights for certain family members and domestic partners by broadening who may visit and clarifying end-of-life protections.
Procedural and timeline notes
- The bill has passed through initial formal steps:
- 1/6/2025: Introduced
- 1/7/2025: From printer; may be heard in committee February 6
- 2/3/2025: Referred to Assembly Committee on Health
- 4/9/2025: In committee; hearing postponed
- Fiscal/legislative designations:
- Appropriations: No
- Fiscal Committee: Yes
- Local Program: Yes
- This bill is designated as expanding state-mandated local program costs, with no reimbursement required by the state for covered costs.
Compiled from official sources — confirm details with the bill’s official record.
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