By: White H.B. No. 1354
A BILL TO BE ENTITLED
AN ACT
relating to members of the clergy who are employed or voluntarily
enter inpatient health care facilities to minister during a state
of disaster, emergency, or epidemic.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purpose of this Section is to protect the
religious liberty of each patient or resident and to protect
inpatient health care facilities from costly lawsuits and
administrative complaints on the basis of religious discrimination
by affording patient or resident access to members of the clergy
provided that those members of the clergy enter the inpatient
health care facility and comply with the safety requirements of the
facility in order to visit and minister to the patient or resident.
SECTION 2. Chapter 81, Health and Safety Code, is amended by
adding Section 89.010 to read as follows:
Sec. 81.010. DEFINITIONS. In this section:
(1) "Inpatient health care facilities" means all of
the following:
(A) A hospital licensed pursuant to Chapter 241,
Health and Safety Code.
(B) A nursing home, nursing facility, or skilled
nursing facility licensed pursuant to Chapter 242, Health and
Safety Code.
(B) A continuing care facility, as defined in
Chapter 246, Health and Safety Code.
(C) An assisted living facility, as defined in
Chapter 247, Health and Safety Code.
(D) A special care facility, as defined in
Chapter 248, Health and Safety Code.
(2) "Patient" means the patient of the hospital or the
legal or designated representative of the patient.
(3) "Resident" means a person who resides or receives
services at a nursing home, nursing facility, skilled nursing
facility, a continuing care facility, an assisted living facility,
or a special care facility or the legal or designated
representative of the resident.
(4) "Public health emergency" means a state of
disaster that is declared pursuant to the Texas Disaster Act,
Chapter 418, Government Code, or a state of public health disaster
imposed in accordance with Section 81.082(d), Texas Health and
Safety Code.
Sec. 81.0101. VISITATION BY MEMBERS OF CLERGY DURING
DECLARED STATE OF DISASTER, EMERGENCY, OR EPIDEMIC. (a) The
executive commissioner shall promulgate rules, pursuant to the
Administrative Procedure Act, Chapter 2001, Government Code, to
require inpatient health care facilities to allow members of the
clergy to visit patients or residents during a public health
emergency whenever a patient or resident requests such a visit.
Special consideration shall be given to patients or residents
receiving end-of-life care.
(b) The rules shall include but not be limited to
definitions, minimum requirements, and provisions to protect the
health, safety, and welfare of the patients or residents and the
staff of the inpatient health care facility.
(c) The rules shall allow inpatient health care facilities
to adopt reasonable time, place, and manner restrictions on patient
or resident visitation that are implemented for the purpose of
mitigating the possibility of transmission of any infectious agent
or disease or to address the medical condition or clinical
considerations of an individual patient or resident.
(d) The rules promulgated pursuant to this Section shall be
preempted by any federal statute, federal regulation, or guidance
from a federal government agency that requires an inpatient health
care facility to restrict patient visitation in a manner that is
more restrictive than the rules adopted by the Texas Department of
State Health Services pursuant to this Section.
SECTION 3. Nothing in this Act shall be interpreted to
prohibit or restrict any inpatient health care facility from
allowing clergy to visit or minister to patients or residents in a
manner deemed appropriate by the inpatient health care facility
prior to the effective date of the rules which are to be implemented
by the Texas Department of State Health Services.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.