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A BILL TO BE ENTITLED
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AN ACT
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relating to in-person visitation of an immediate family member or |
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religious counsel with seriously ill or dying hospital patients and |
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facility residents. |
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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 VISITATION OF IMMEDIATE FAMILY |
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MEMBER OR RELIGIOUS COUNSEL. (a) In this section: |
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(1) "Immediate family member" means an individual who |
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is related to a person within the second degree by affinity or |
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consanguinity, as determined under Chapter 573, Government Code. |
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(2) "Religious counsel" means an individual acting |
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substantially in a pastoral or religious capacity to counsel other |
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individuals. |
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(b) A hospital may not prohibit in-person visitation, |
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including visitation during a state of disaster declared under |
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Chapter 418, Government Code, of the following individuals with a |
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patient at the hospital who is seriously ill or dying: |
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(1) an immediate family member of the patient; or |
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(2) religious counsel. |
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(c) Notwithstanding Subsection (b), a hospital may require |
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the immediate family member or religious counsel to: |
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(1) submit to a health screening administered by the |
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hospital; and |
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(2) wear personal protective equipment at all times |
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while visiting a patient at the hospital. |
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(d) In the event of a conflict between this section and any |
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other law, this section prevails. |
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SECTION 2. Subchapter L, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.506 to read as follows: |
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Sec. 242.506. IN-PERSON VISITATION OF IMMEDIATE FAMILY |
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MEMBER OR RELIGIOUS COUNSEL. (a) In this section: |
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(1) "Immediate family member" means an individual who |
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is related to a person within the second degree by affinity or |
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consanguinity, as determined under Chapter 573, Government Code. |
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(2) "Religious counsel" means an individual acting |
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|
substantially in a pastoral or religious capacity to counsel other |
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|
individuals. |
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(b) A facility may not prohibit in-person visitation, |
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including visitation during a state of disaster declared under |
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Chapter 418, Government Code, of the following individuals with a |
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|
resident of the facility who is seriously ill or dying: |
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|
(1) an immediate family member of the patient; or |
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|
(2) religious counsel. |
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(c) Notwithstanding Subsection (b), a facility may require |
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the immediate family member or religious counsel to: |
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(1) submit to a health screening administered by the |
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facility; and |
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(2) wear personal protective equipment at all times |
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while visiting a resident at the facility. |
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(d) In the event of a conflict between this section and any |
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other law, this section prevails. |
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SECTION 3. 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. |