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Arkansas Code Title 20. Public Health and Welfare § 20-6-408. Clergy member or lay person offering religious or spiritual support visitation

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) A clergy member or lay person offering religious or spiritual support may be physically present with a patient to pray with or offer spiritual support for the patient while the patient receives care in a healthcare facility.

(b) If a healthcare facility has a visitation policy that allows in-person visitation of any kind, the healthcare facility shall allow a clergy member to visit a patient who requests a visit in person or consents to be visited in person for religious purposes by a clergy member, including during a state of emergency.

(c) Notwithstanding any other provision of this chapter, when a patient's death is imminent, the healthcare facility shall allow a clergy member to visit a patient in person for religious purposes if:

(1) The patient requests or consents to be visited by the clergy member; or

(2) The patient's healthcare agent or support person requests that the patient be visited by the clergy member.

(d)(1) The healthcare facility may require the clergy member to comply with reasonable health and safety precautions, including reasonable health screenings and wearing personal protective equipment, imposed by the healthcare facility in connection with in-person visitation for the prevention of spreading communicable diseases unless the precaution substantially burdens the ability of the clergy member to freely exercise his or her religion.

(2) If the requirements substantially burden the ability of the clergy member, the healthcare facility may require compliance with the precautions only if compliance in that instance furthers a compelling government interest and imposes the least restrictive burden on the clergy member's exercise of religion.

(3) Notwithstanding any other provision in this chapter, a healthcare facility may restrict visits of a clergy member who fails a reasonable health screening measure or tests positive for a communicable disease.

(e)(1)(A) The protection afforded by this section is in addition to the protections provided under federal law, state law, and the Arkansas Constitution and the United States Constitution.

(B) This section does not:

(i) Preempt or repeal any state or local law that is equally or more protective of clergy member visitation rights; or

(ii) Narrow the meaning or application of any state or local law protecting clergy member visitation.

(2)(A) This section applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after August 1, 2023.

(B) State laws enacted after August 1, 2023 are subject to this section unless the law explicitly excludes application by reference to this section.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-6-408. Clergy member or lay person offering religious or spiritual support visitation - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-408/

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