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A BILL TO BE ENTITLED
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AN ACT
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relating to in-person visitation with hospital patients during |
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certain periods of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.012 to read as follows: |
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Sec. 241.012. IN-PERSON HOSPITAL VISITATION DURING PERIOD |
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OF DISASTER. (a) In this section: |
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(1) "Hospital" means a hospital licensed under this |
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chapter. |
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(2) "Qualifying official disaster order" means an |
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order, proclamation, or other instrument issued by the governor, |
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another official of this state, or the governing body or an official |
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of a political subdivision of this state declaring a disaster that |
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has infectious disease as the basis for the declared disaster. |
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(3) "Qualifying period of disaster" means the period |
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of time the area in which a hospital is located is declared to be a |
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disaster area by a qualifying official disaster order. |
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(4) "Religious counselor" means an individual acting |
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substantially in a pastoral or religious capacity to provide |
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spiritual counsel to other individuals. |
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(b) A hospital may not during a qualifying period of |
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disaster prohibit in-person visitation with a patient receiving |
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care or treatment at the hospital unless federal law or a federal |
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agency requires the hospital to prohibit in-person visitation |
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during that period. |
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(c) Notwithstanding Subsection (b), a hospital may during a |
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qualifying period of disaster: |
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(1) restrict the number of visitors a patient |
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receiving care or treatment at the hospital may receive to not fewer |
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than one; |
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(2) require a visitor to the hospital to: |
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(A) complete a health screening before entering |
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the hospital; and |
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(B) wear personal protective equipment at all |
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times while visiting a patient at the hospital; and |
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(3) deny entry to or remove from the hospital's |
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premises a visitor who fails or refuses to: |
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(A) submit to or meet the requirements of a |
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health screening administered by the hospital; or |
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(B) wear personal protective equipment that |
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meets the hospital's infection control and safety requirements in |
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the manner prescribed by the hospital. |
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(d) A health screening administered by a hospital under this |
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section must be conducted in a manner that, at a minimum, complies |
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with: |
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(1) hospital policy; and |
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(2) if applicable, guidance or directives issued by |
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the commission, the Centers for Medicare and Medicaid Services, or |
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another agency with regulatory authority over the hospital. |
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(e) Notwithstanding any other law, neither a hospital nor a |
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physician providing health care services on the hospital's premises |
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is subject to civil or criminal liability or an administrative |
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penalty if a visitor contracts an infectious disease while on the |
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hospital's premises during a qualifying period of disaster or, in |
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connection with a visit to the hospital, spreads an infectious |
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disease to any other individual, except where intentional |
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misconduct or gross negligence by the hospital or the physician is |
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shown. A physician who in good faith takes, or fails to take, an |
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action under this section is not subject to civil or criminal |
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liability or disciplinary action for the physician's action or |
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failure to act under this section. |
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(f) This section may not be construed as requiring a |
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hospital to: |
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(1) provide a specific type of personal protective |
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equipment to a visitor to the hospital; or |
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(2) allow in-person visitation with a patient |
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receiving care or treatment at the hospital if an attending |
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physician determines that in-person visitation with that patient |
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may lead to the transmission of an infectious agent that poses a |
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serious community health risk. |
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(g) A determination made by an attending physician under |
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Subsection (f)(2) is valid for not more than five days after the |
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date the determination is made unless renewed by an attending |
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physician. |
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(h) If a visitor to a hospital is denied in-person |
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visitation with a patient receiving care or treatment at a hospital |
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because of a determination made by an attending physician under |
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Subsection (f)(2), the hospital shall: |
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(1) provide each day a written or oral update of the |
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patient's condition to the visitor if the visitor: |
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(A) is authorized by the patient to receive |
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relevant health information regarding the patient; |
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(B) has authority to receive the patient's health |
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information under an advance directive or medical power of |
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attorney; or |
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(C) is otherwise the patient's surrogate |
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decision-maker regarding the patient's health care needs under |
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hospital policy and other applicable law; and |
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(2) notify the person who receives the daily update |
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required under Subdivision (1) of the estimated date and time at |
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which the patient will be discharged from the hospital. |
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(i) Notwithstanding any other provision of this section, a |
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hospital may not prohibit in-person visitation by a religious |
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counselor with a patient who is receiving care or treatment at the |
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hospital and who is seriously ill or dying for a reason other than |
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the religious counselor's failure to comply with a requirement |
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described by Subsection (c)(2). |
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(j) In the event of a conflict between this section and any |
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provision of a qualifying official disaster order, this section |
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prevails. |
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(k) This section does not create a cause of action against a |
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hospital or physician. |
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SECTION 2. This Act takes effect September 1, 2021. |
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* * * * * |