By: Powell  S.B. No. 1856
         (In the Senate - Filed March 12, 2021; March 26, 2021, read
  first time and referred to Committee on Health & Human Services;
  April 20, 2021, reported favorably by the following vote:  Yeas 8,
  Nays 0; April 20, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain vocational nursing students providing
  essential services during a declared state of disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 242, Health and Safety Code, is amended
  by adding Subchapter T to read as follows:
  SUBCHAPTER T.  CERTAIN VOCATIONAL NURSING STUDENTS PROVIDING
  ESSENTIAL SERVICES
         Sec. 242.951.  DEFINITIONS. In this subchapter:
               (1)  "Disaster" has the meaning assigned by Section
  418.004, Government Code.
               (2)  "Governmental entity" means:
                     (A)  this state;
                     (B)  a board, commission, council, department, or
  other agency in the executive branch of state government that is
  created by the state constitution or a statute, including an
  institution of higher education as defined by Section 61.003,
  Education Code;
                     (C)  the legislature or a legislative agency;
                     (D)  a state judicial agency or the State Bar of
  Texas;
                     (E)  a political subdivision of this state,
  including a county, municipality, or special district or authority;
  or
                     (F)  an officer, employee, or agent of an entity
  described by Paragraphs (A) through (E).
         Sec. 242.952.  APPLICABILITY. This subchapter applies only
  to a student who is:
               (1)  enrolled in an accredited school or program that
  is preparing the student for licensure as a licensed vocational
  nurse; and
               (2)  participating in a clinical program at a facility
  licensed under this chapter.
         Sec. 242.953.  ESSENTIAL SERVICE. (a)  Notwithstanding any
  other law, the services provided by a student to whom this
  subchapter applies in a facility licensed under this chapter are
  essential services at all times in this state, including during a
  declared state of disaster.
         (b)  A governmental entity may not, at any time, including
  during a declared state of disaster, prohibit a student to whom this
  subchapter applies from providing essential services.
         (c)  A facility licensed under this chapter may require a
  student to comply with the facility's policies regarding health
  screenings or the use of personal protective equipment.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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