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