By: Powell S.B. No. 1856
(In the Senate - Filed March 12, 2021; March 26, 2021, read
first time and referred to Committee on Health & Human Services;
April 20, 2021, reported favorably by the following vote: Yeas 8,
Nays 0; April 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain vocational nursing students providing
essential services during a declared state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 242, Health and Safety Code, is amended
by adding Subchapter T to read as follows:
SUBCHAPTER T. CERTAIN VOCATIONAL NURSING STUDENTS PROVIDING
ESSENTIAL SERVICES
Sec. 242.951. DEFINITIONS. In this subchapter:
(1) "Disaster" has the meaning assigned by Section
418.004, Government Code.
(2) "Governmental entity" means:
(A) this state;
(B) a board, commission, council, department, or
other agency in the executive branch of state government that is
created by the state constitution or a statute, including an
institution of higher education as defined by Section 61.003,
Education Code;
(C) the legislature or a legislative agency;
(D) a state judicial agency or the State Bar of
Texas;
(E) a political subdivision of this state,
including a county, municipality, or special district or authority;
or
(F) an officer, employee, or agent of an entity
described by Paragraphs (A) through (E).
Sec. 242.952. APPLICABILITY. This subchapter applies only
to a student who is:
(1) enrolled in an accredited school or program that
is preparing the student for licensure as a licensed vocational
nurse; and
(2) participating in a clinical program at a facility
licensed under this chapter.
Sec. 242.953. ESSENTIAL SERVICE. (a) Notwithstanding any
other law, the services provided by a student to whom this
subchapter applies in a facility licensed under this chapter are
essential services at all times in this state, including during a
declared state of disaster.
(b) A governmental entity may not, at any time, including
during a declared state of disaster, prohibit a student to whom this
subchapter applies from providing essential services.
(c) A facility licensed under this chapter may require a
student to comply with the facility's policies regarding health
screenings or the use of personal protective equipment.
SECTION 2. This Act takes effect September 1, 2021.
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