PURPOSE

The purpose of this policy is to promote and protect a Resident’s right to receive visitors in compliance with Florida Senate Bill SB 988.

POLICY

The resident has the right to receive visitors of his or her choosing at the time of his or her choosing, subject to the resident’s right to deny visitation when applicable, and in a manner that does not impose on the rights of another resident.

PROCEDURE

1. The facility must provide immediate access to any resident by:
   
   1. Any representative of the Secretary
   2. Any representative of the State
   3. Any representative of the Office of the State long-term care Ombudsman;
   4. The resident’s individual physician
   5. Any representative of the agency responsible for the protection and advocacy system for the developmentally disabled individuals
   6. Any representative of the agency responsible for the protection and advocacy system for individuals with mental disorder
   7. The resident representative
2. The facility will provide immediate access to a resident by immediate family and other relative of the resident, subject to the resident’s right to deny or withdraw consent at any time.
3. The Office of the State Long-Term Care Ombudsman will be given access to examine a resident’s medical, social and administrative records in accordance with State law.
4. The facility will provide immediate access to a resident by others who are visiting with the consent of the resident, subject to reasonable clinical and safety restrictions and the resident’s right to deny or withdraw consent at any time.
5. The facility will allow in-person visitation, unless the resident objects, in the following situations:
   
   1. End-of-life situations
   2. Resident who was living with family before admission to the center is struggling with the change in environment
   3. Resident is making one or more major medical decisions
   4. Resident is experiencing emotional distress or grieving the loss of a friend or family member who recently died
   5. Resident needs cueing or encouragement to eat or drink which was previously provided by a family member or caregiver
   6. Resident who used to talk and interact with others is seldom speaking
6. The facility will inform each resident and/or resident representative of his or her visitation rights and related facility policies and procedures.
7. The facility will inform each resident of the right, subject to his or her consent, to receive the visitors who he or she designates as well as deny visitation including but not limited to:
   
   1. A spouse, including a same sex spouse
   2. A domestic partner, including same sex domestic partner
   3. Another family member
   4. A friend
   5. Essential Caregiver
      
      1. Essential caregiver may be a family member, friend, guardian, or other individual as designated by the resident
      2. The facility will allow in-person visitation by the essential caregiver for at least 2 hours daily, in addition to any other visitation authorized by the facility
      3. The essential caregiver is not required to provide care to the resident
8. The facility will not restrict, limit, or otherwise deny visitation privileges based on race, color, national origin, religion, sex, gender identity, sexual orientation or disability. The facility may not require visitors to submit proof of any vaccination or immunization.
9. The facility will ensure all visitors enjoy full and equal visitation privileges consistent with resident preferences.
10. The facility will provide access to other non-relative visitors who are visiting with the consent of the resident. The resident can visit with any person of his or her choice, at any time between the hours of 9:00 a.m. and 9:00 p.m. Visitors are subject to reasonable restrictions, which may include:
    
    1. Restrictions imposed by the facility that protect the security of all the facility’s residents, such as keeping the facility locked at night
    2. Denying access or providing limited and supervised access to a visitor if that individual has been found to be abusing, exploiting, or coercing a resident
    3. Denying access to a visitor who has been found to have been committing criminal acts such as theft
    4. Denying access to visitors who are inebriated; under the influence and/or disruptive
    5. Establishing reasonable visitation hours to facilitate care giving for the resident or to protect the privacy of other residents, such as requiring that visits not take place in the resident’s room if the roommate is asleep or receiving care
    6. Changing the location of visits to assist care giving or protect the privacy of other residents if these visitation rights infringe upon the rights of other residents in the center
11. The facility may suspend in-person visitation if the visitor violates the center’s policies and procedures.
12. The facility will provide the visitor information on infection control including but not limited to hand hygiene, personal protective equipment, and screening and any other infection protocols for visitors.