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A BILL TO BE ENTITLED
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AN ACT
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relating to members of the clergy who are employed or voluntarily |
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enter inpatient health care facilities to minister during a state |
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of disaster, emergency, or epidemic. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of this section is to protect the |
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religious liberty of each patient or resident and to protect |
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inpatient health care facilities from costly lawsuits and |
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administrative complaints on the basis of religious discrimination |
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by affording patient or resident access to members of the clergy |
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provided that those members of the clergy enter the inpatient |
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health care facility and comply with the safety requirements of the |
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facility in order to visit and minister to the patient or resident. |
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SECTION 2. Chapter 81, Health and Safety Code, is amended by |
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adding Section 89.010 to read as follows: |
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Sec. 81.010. DEFINITIONS. In this section: |
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(1) "Inpatient health care facilities" means all of |
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the following: |
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(A) A hospital licensed pursuant to Chapter 241, |
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Health and Safety Code. |
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(B) A nursing home, nursing facility, or skilled |
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nursing facility licensed pursuant to Chapter 242, Health and |
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Safety Code. |
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(C) A continuing care facility, as defined in |
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Chapter 246, Health and Safety Code. |
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(D) An assisted living facility, as defined in |
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Chapter 247, Health and Safety Code. |
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(E) A special care facility, as defined in |
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Chapter 248, Health and Safety Code. |
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(2) "Patient" means the patient of the hospital or the |
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legal or designated representative of the patient. |
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(3) “Resident” means a person who resides or receives |
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services at a nursing home, nursing facility, skilled nursing |
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facility, a continuing care facility, an assisted living facility, |
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or a special care facility or the legal or designated |
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representative of the resident. |
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(4) "Public health emergency" means a state of |
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disaster that is declared pursuant to the Texas Disaster Act, |
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Chapter 418, Government Code, or a state of public health disaster |
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imposed in accordance with Section 81.082(d), Texas Health and |
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Safety Code. |
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Sec. 81.0101. VISITATION BY MEMBERS OF CLERGY DURING |
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DECLARED STATE OF DISASTER, EMERGENCY, OR EPIDEMIC. (a) The |
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executive commissioner shall promulgate rules, pursuant to the |
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Administrative Procedure Act, Chapter 2001, Government Code, to |
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require inpatient health care facilities to allow members of the |
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clergy to visit patients or residents during a public health |
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emergency whenever a patient or resident requests such a visit. |
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Special consideration shall be given to patients or residents |
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receiving end-of-life care. |
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(b) The rules shall include but not be limited to |
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definitions, minimum requirements, and provisions to protect the |
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health, safety, and welfare of the patients or residents and the |
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staff of the inpatient health care facility. |
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(c) The rules shall allow inpatient health care facilities |
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to adopt reasonable time, place, and manner restrictions on patient |
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or resident visitation that are implemented for the purpose of |
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mitigating the possibility of transmission of any infectious agent |
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or disease or to address the medical condition or clinical |
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considerations of an individual patient or resident. |
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(d) The rules promulgated pursuant to this section shall be |
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preempted by any federal statute, federal regulation, or guidance |
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from a federal government agency that requires an inpatient health |
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care facility to restrict patient visitation in a manner that is |
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more restrictive than the rules adopted by the Texas Department of |
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State Health Services pursuant to this section. |
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SECTION 3. Nothing in this Act shall be interpreted to |
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prohibit or restrict any inpatient health care facility from |
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allowing clergy to visit or minister to patients or residents in a |
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manner deemed appropriate by the inpatient health care facility |
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prior to the effective date of the rules which are to be implemented |
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by the Texas Department of State Health Services. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |