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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 religious counselors with |
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certain health care facility patients and residents during a public |
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health emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of Chapter 260C, Health and Safety |
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Code, as added by this Act, is to protect the religious liberty of |
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each patient or resident of a health care facility and to protect |
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health care facilities from costly lawsuits and administrative |
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complaints based on religious discrimination by allowing patients |
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and residents to receive in-person visitation with a religious |
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counselor, provided that the health care facilities ensure |
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compliance with health and safety requirements. |
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SECTION 2. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 260C to read as follows: |
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CHAPTER 260C. IN-PERSON VISITATION WITH RELIGIOUS COUNSELOR |
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Sec. 260C.001. DEFINITIONS. In this chapter: |
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(1) "Health care facility" means: |
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(A) a home and community support services agency |
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licensed under Chapter 142; |
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(B) a hospital licensed under Chapter 241; |
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(C) a nursing facility licensed under Chapter |
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242; |
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(D) a continuing care facility regulated under |
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Chapter 246; |
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(E) an assisted living facility licensed under |
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Chapter 247; or |
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(F) a special care facility licensed under |
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Chapter 248. |
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(2) "Public health emergency" means: |
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(A) a state of disaster or local disaster |
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declared under Chapter 418, Government Code; or |
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(B) a public health disaster as defined by |
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Section 81.003. |
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(3) "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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Sec. 260C.002. IN-PERSON VISITATION WITH RELIGIOUS |
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COUNSELOR. (a) A health care facility may not prohibit a resident or |
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patient of the facility from receiving in-person visitation with a |
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religious counselor on the patient's or resident's request during a |
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public health emergency. |
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(b) Notwithstanding Subsection (a), the executive |
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commissioner by rule shall develop guidelines to assist health care |
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facilities in establishing in-person religious counselor |
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visitation policies and procedures. The guidelines must: |
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(1) establish minimum health and safety requirements |
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for in-person visitation with religious counselors; |
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(2) allow health care facilities to adopt reasonable |
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time, place, and manner restrictions on in-person visitation with |
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religious counselors to: |
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(A) mitigate the spread of a communicable |
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disease; and |
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(B) address the patient's or resident's medical |
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condition; and |
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(3) provide special consideration to patients and |
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residents who are receiving end-of-life care. |
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(c) A health care facility may prohibit in-person |
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visitation with a religious counselor during a public health |
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emergency if federal law or a federal agency requires the health |
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care facility to prohibit in-person visitation during that period. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission by rule shall establish the guidelines required |
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by Section 260C.002, Health and Safety Code, as added by this Act. |
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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. |