1 | 1 | | 87R8399 SRA-D |
---|
2 | 2 | | By: Slaton H.B. No. 2729 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to in-person visitation of an immediate family member or |
---|
8 | 8 | | religious counsel with seriously ill or dying hospital patients and |
---|
9 | 9 | | facility residents. |
---|
10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 11 | | SECTION 1. Subchapter A, Chapter 241, Health and Safety |
---|
12 | 12 | | Code, is amended by adding Section 241.012 to read as follows: |
---|
13 | 13 | | Sec. 241.012. IN-PERSON VISITATION OF IMMEDIATE FAMILY |
---|
14 | 14 | | MEMBER OR RELIGIOUS COUNSEL. (a) In this section: |
---|
15 | 15 | | (1) "Immediate family member" means an individual who |
---|
16 | 16 | | is related to a person within the second degree by affinity or |
---|
17 | 17 | | consanguinity, as determined under Chapter 573, Government Code. |
---|
18 | 18 | | (2) "Religious counsel" means an individual acting |
---|
19 | 19 | | substantially in a pastoral or religious capacity to counsel other |
---|
20 | 20 | | individuals. |
---|
21 | 21 | | (b) A hospital may not prohibit in-person visitation, |
---|
22 | 22 | | including visitation during a state of disaster declared under |
---|
23 | 23 | | Chapter 418, Government Code, of the following individuals with a |
---|
24 | 24 | | patient at the hospital who is seriously ill or dying: |
---|
25 | 25 | | (1) an immediate family member of the patient; or |
---|
26 | 26 | | (2) religious counsel. |
---|
27 | 27 | | (c) Notwithstanding Subsection (b), a hospital may require |
---|
28 | 28 | | the immediate family member or religious counsel to: |
---|
29 | 29 | | (1) submit to a health screening administered by the |
---|
30 | 30 | | hospital; and |
---|
31 | 31 | | (2) wear personal protective equipment at all times |
---|
32 | 32 | | while visiting a patient at the hospital. |
---|
33 | 33 | | (d) In the event of a conflict between this section and any |
---|
34 | 34 | | other law, this section prevails. |
---|
35 | 35 | | SECTION 2. Subchapter L, Chapter 242, Health and Safety |
---|
36 | 36 | | Code, is amended by adding Section 242.506 to read as follows: |
---|
37 | 37 | | Sec. 242.506. IN-PERSON VISITATION OF IMMEDIATE FAMILY |
---|
38 | 38 | | MEMBER OR RELIGIOUS COUNSEL. (a) In this section: |
---|
39 | 39 | | (1) "Immediate family member" means an individual who |
---|
40 | 40 | | is related to a person within the second degree by affinity or |
---|
41 | 41 | | consanguinity, as determined under Chapter 573, Government Code. |
---|
42 | 42 | | (2) "Religious counsel" means an individual acting |
---|
43 | 43 | | substantially in a pastoral or religious capacity to counsel other |
---|
44 | 44 | | individuals. |
---|
45 | 45 | | (b) A facility may not prohibit in-person visitation, |
---|
46 | 46 | | including visitation during a state of disaster declared under |
---|
47 | 47 | | Chapter 418, Government Code, of the following individuals with a |
---|
48 | 48 | | resident of the facility who is seriously ill or dying: |
---|
49 | 49 | | (1) an immediate family member of the patient; or |
---|
50 | 50 | | (2) religious counsel. |
---|
51 | 51 | | (c) Notwithstanding Subsection (b), a facility may require |
---|
52 | 52 | | the immediate family member or religious counsel to: |
---|
53 | 53 | | (1) submit to a health screening administered by the |
---|
54 | 54 | | facility; and |
---|
55 | 55 | | (2) wear personal protective equipment at all times |
---|
56 | 56 | | while visiting a resident at the facility. |
---|
57 | 57 | | (d) In the event of a conflict between this section and any |
---|
58 | 58 | | other law, this section prevails. |
---|
59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
---|
60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
---|
61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
---|
63 | 63 | | Act takes effect September 1, 2021. |
---|