By: Paxton S.B. No. 1195
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain hospital patients to designate an
essential caregiver for in-person visitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code is
amended by adding Chapter 241(B) to read as follows:
CHAPTER 241B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN
HOSPITAL PATIENTS
Sec. 241B.0001. DEFINITIONS. In this chapter:
(1) "Essential caregiver" means a family member,
friend, or other individual selected by a facility patient for
in-person visits.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Hospital" includes general hospital and special
hospital licensed under Chapter 241.
(4) "Patient" means a person who, to receive medical
care, consults with or is seen by a physician.
(5) "Child" or "Minor" means a person under 18 years of
age who is not and has not been married or who has not had the
disabilities of minority removed for general purposes.
(6) "Parent" has the meaning assigned under Section
101.024, Family Code.
Sec. 241B.0002 PATIENT'S RIGHT TO ESSENTIAL CAREGIVER
VISITS. (a) A hospital patient has the right to designate at least
one essential caregiver with whom the hospital may not prohibit
in-person visitation.
(b) In the case of a patient who is a minor, the hospital must
designate as an essential caregiver:
(1) any parent that has not had their rights limited by
a court; and
(2) any person with conservatorship over the minor that
has not been limited by a court.
(c) Notwithstanding Subsections (a) and (b), the executive
commissioner by rule shall develop guidelines to assist hospitals
in establishing essential caregiver visitation policies and
procedures. The guidelines must require hospitals to:
(1) allow patients to designate for in-person
visitation at least one essential caregiver, and more than one if
needed;
(2) establish a visitation schedule allowing the
essential caregiver to visit the patient for the greater of two
hours each day or the hours necessary for the caregiver to complete
all caregiving tasks;
(3) establish procedures to enable personal contact
between the patient and essential caregiver;
(4) obtain a signed acknowledgment from the essential
caregiver in which the caregiver agrees to follow the hospital's
safety protocols.
(d) In the event of a conflict between this section and any
other law, this section prevails.
SECTION 2. As soon as practicable after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall establish the guidelines required by
Sections 241B.0002, Health and Safety Code, as added by the Act.
SECTION 4. This Act takes effect September 1, 2021.