Texas 2021 - 87th Regular

Texas House Bill HB1354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: White H.B. No. 1354
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to members of the clergy who are employed or voluntarily
7	7	enter inpatient health care facilities to minister during a state
8	8	of disaster, emergency, or epidemic.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The purpose of this Section is to protect the
11	11	religious liberty of each patient or resident and to protect
12	12	inpatient health care facilities from costly lawsuits and
13	13	administrative complaints on the basis of religious discrimination
14	14	by affording patient or resident access to members of the clergy
15	15	provided that those members of the clergy enter the inpatient
16	16	health care facility and comply with the safety requirements of the
17	17	facility in order to visit and minister to the patient or resident.
18	18	SECTION 2. Chapter 81, Health and Safety Code, is amended by
19	19	adding Section 89.010 to read as follows:
20	20	Sec. 81.010. DEFINITIONS. In this section:
21	21	(1) "Inpatient health care facilities" means all of
22	22	the following:
23	23	(A) A hospital licensed pursuant to Chapter 241,
24	24	Health and Safety Code.
25	25	(B) A nursing home, nursing facility, or skilled
26	26	nursing facility licensed pursuant to Chapter 242, Health and
27	27	Safety Code.
28	28	(B) A continuing care facility, as defined in
29	29	Chapter 246, Health and Safety Code.
30	30	(C) An assisted living facility, as defined in
31	31	Chapter 247, Health and Safety Code.
32	32	(D) A special care facility, as defined in
33	33	Chapter 248, Health and Safety Code.
34	34	(2) "Patient" means the patient of the hospital or the
35	35	legal or designated representative of the patient.
36	36	(3) "Resident" means a person who resides or receives
37	37	services at a nursing home, nursing facility, skilled nursing
38	38	facility, a continuing care facility, an assisted living facility,
39	39	or a special care facility or the legal or designated
40	40	representative of the resident.
41	41	(4) "Public health emergency" means a state of
42	42	disaster that is declared pursuant to the Texas Disaster Act,
43	43	Chapter 418, Government Code, or a state of public health disaster
44	44	imposed in accordance with Section 81.082(d), Texas Health and
45	45	Safety Code.
46	46	Sec. 81.0101. VISITATION BY MEMBERS OF CLERGY DURING
47	47	DECLARED STATE OF DISASTER, EMERGENCY, OR EPIDEMIC. (a) The
48	48	executive commissioner shall promulgate rules, pursuant to the
49	49	Administrative Procedure Act, Chapter 2001, Government Code, to
50	50	require inpatient health care facilities to allow members of the
51	51	clergy to visit patients or residents during a public health
52	52	emergency whenever a patient or resident requests such a visit.
53	53	Special consideration shall be given to patients or residents
54	54	receiving end-of-life care.
55	55	(b) The rules shall include but not be limited to
56	56	definitions, minimum requirements, and provisions to protect the
57	57	health, safety, and welfare of the patients or residents and the
58	58	staff of the inpatient health care facility.
59	59	(c) The rules shall allow inpatient health care facilities
60	60	to adopt reasonable time, place, and manner restrictions on patient
61	61	or resident visitation that are implemented for the purpose of
62	62	mitigating the possibility of transmission of any infectious agent
63	63	or disease or to address the medical condition or clinical
64	64	considerations of an individual patient or resident.
65	65	(d) The rules promulgated pursuant to this Section shall be
66	66	preempted by any federal statute, federal regulation, or guidance
67	67	from a federal government agency that requires an inpatient health
68	68	care facility to restrict patient visitation in a manner that is
69	69	more restrictive than the rules adopted by the Texas Department of
70	70	State Health Services pursuant to this Section.
71	71	SECTION 3. Nothing in this Act shall be interpreted to
72	72	prohibit or restrict any inpatient health care facility from
73	73	allowing clergy to visit or minister to patients or residents in a
74	74	manner deemed appropriate by the inpatient health care facility
75	75	prior to the effective date of the rules which are to be implemented
76	76	by the Texas Department of State Health Services.
77	77	SECTION 4. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2021.