| 1 | 1 | | 87R8315 SRA-D |
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| 2 | 2 | | By: Hughes S.B. No. 1201 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to in-person visitation of religious counsel with |
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| 8 | 8 | | seriously ill or dying hospital patients and facility residents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 241, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 241.012 to read as follows: |
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| 12 | 12 | | Sec. 241.012. IN-PERSON VISITATION OF RELIGIOUS COUNSEL. |
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| 13 | 13 | | (a) In this section, "religious counsel" means an individual |
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| 14 | 14 | | acting substantially in a pastoral or religious capacity to counsel |
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| 15 | 15 | | other individuals. |
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| 16 | 16 | | (b) A hospital may not prohibit in-person visitation of |
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| 17 | 17 | | religious counsel with a patient at the hospital who is seriously |
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| 18 | 18 | | ill or dying. |
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| 19 | 19 | | (c) Notwithstanding Subsection (b), a hospital may require |
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| 20 | 20 | | religious counsel to: |
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| 21 | 21 | | (1) submit to a health screening administered by the |
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| 22 | 22 | | hospital; and |
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| 23 | 23 | | (2) wear personal protective equipment at all times |
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| 24 | 24 | | while visiting a patient at the hospital. |
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| 25 | 25 | | (d) In the event of a conflict between this section and any |
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| 26 | 26 | | other law, this section prevails. |
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| 27 | 27 | | SECTION 2. Subchapter L, Chapter 242, Health and Safety |
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| 28 | 28 | | Code, is amended by adding Section 242.506 to read as follows: |
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| 29 | 29 | | Sec. 242.506. IN-PERSON VISITATION OF RELIGIOUS COUNSEL. |
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| 30 | 30 | | (a) In this section, "religious counsel" means an individual |
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| 31 | 31 | | acting substantially in a pastoral or religious capacity to counsel |
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| 32 | 32 | | other individuals. |
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| 33 | 33 | | (b) A facility may not prohibit in-person visitation of |
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| 34 | 34 | | religious counsel with a resident of the facility who is seriously |
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| 35 | 35 | | ill or dying. |
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| 36 | 36 | | (c) Notwithstanding Subsection (b), a facility may require |
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| 37 | 37 | | religious counsel to: |
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| 38 | 38 | | (1) submit to a health screening administered by the |
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| 39 | 39 | | facility; and |
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| 40 | 40 | | (2) wear personal protective equipment at all times |
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| 41 | 41 | | while visiting a resident at the facility. |
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| 42 | 42 | | (d) In the event of a conflict between this section and any |
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| 43 | 43 | | other law, this section prevails. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2021. |
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