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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of state hospital patients to designate an |
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essential caregiver for in-person visitation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 552, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS |
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Sec. 552.201. DEFINITION. In this chapter, "essential |
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caregiver" means a family member, friend, guardian, or other |
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individual a patient, patient's guardian, or patient's legally |
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authorized representative selects for in-person visits. |
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Sec. 552.202. PATIENT'S RIGHT TO ESSENTIAL CAREGIVER |
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VISITS. (a) A patient, the patient's guardian, or the patient's |
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legally authorized representative has the right to designate an |
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essential caregiver with whom a state hospital may not prohibit |
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in-person visitation. |
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(b) If a patient is a minor, the patient's parent, guardian, |
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or managing conservator may designate both of the minor patient's |
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parents as essential caregivers under Subsection (a). |
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Sec. 552.203. ESSENTIAL CAREGIVER POLICIES, PROCEDURES, |
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AND SAFETY PROTOCOLS. (a) Notwithstanding Section 552.202, the |
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executive commissioner by rule shall develop guidelines to assist |
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state hospitals in establishing essential caregiver visitation |
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policies and procedures. The guidelines must require the hospitals |
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to: |
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(1) allow a patient, patient's guardian, or patient's |
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legally authorized representative or, for a minor patient, the |
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patient's parent, guardian, or managing conservator, to designate |
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for in-person visitation an essential caregiver; |
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(2) establish a visitation schedule allowing the |
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essential caregiver to visit the patient for at least two hours each |
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day; |
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(3) establish procedures to enable physical contact |
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between the patient and essential caregiver; and |
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(4) obtain the signature of the essential caregiver |
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certifying the caregiver will follow the hospital's safety |
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protocols and any other policies, procedures, or rules established |
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under this section. |
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(b) A state hospital may not establish safety protocols |
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under this section that are more stringent than the safety |
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protocols the hospital establishes for hospital staff. |
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Sec. 552.204. REVOCATION OF ESSENTIAL CAREGIVER |
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DESIGNATION. (a) A state hospital may revoke an individual's |
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designation as an essential caregiver if the individual violates |
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the hospital's policies, procedures, or safety protocols |
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established under Section 552.203. |
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(b) If a state hospital revokes an individual's designation |
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as an essential caregiver under this section, the patient, |
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patient's guardian, or patient's legally authorized representative |
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or, for a minor patient, the patient's parent, guardian, or |
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managing conservator, has the right to immediately designate |
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another individual as the patient's essential caregiver. |
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(c) The commission by rule shall establish an appeals |
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process to evaluate the revocation of an individual's designation |
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as an essential caregiver under this section. |
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Sec. 552.205. TEMPORARY SUSPENSION OF ESSENTIAL CAREGIVER |
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VISITS. (a) A state hospital may petition the commission to |
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suspend in-person essential caregiver visits for not more than |
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seven days if in-person visitation poses a serious community health |
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risk. The commission may deny the hospital's request to suspend |
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in-person essential caregiver visitation if the commission |
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determines that in-person visitation does not pose a serious |
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community health risk. |
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(b) A state hospital may request an extension from the |
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commission to suspend in-person essential caregiver visitation for |
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more than seven days. The commission may not approve an extension |
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for a period that exceeds seven days, and the hospital must |
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separately request each extension. |
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(c) A state hospital may not suspend in-person essential |
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caregiver visitation in any year for more than 14 consecutive days |
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or 45 days total. |
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Sec. 552.206. PROVISION OF NECESSARY PATIENT CARE BY |
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ESSENTIAL CAREGIVER. This subchapter may not be construed as |
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requiring an essential caregiver to provide necessary care to a |
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patient, and a state hospital may not require an essential |
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caregiver to provide the necessary care. |
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SECTION 2. 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 shall prescribe the guidelines and adopt the |
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rules required by Subchapter F, Chapter 552, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |