| 1 | 1 | | By: Creighton S.B. No. 1956 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to in-person visitation with hospital patients during |
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| 7 | 7 | | certain periods of disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sec. 241.012. IN-PERSON HOSPITAL VISITATION |
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| 10 | 10 | | DURING PERIOD OF DISASTER. (a) In this section: |
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| 11 | 11 | | (1) "Hospital" means a hospital licensed under this |
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| 12 | 12 | | chapter. |
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| 13 | 13 | | (2) "Qualifying official disaster order" means an |
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| 14 | 14 | | order, proclamation, or other instrument issued by the governor, |
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| 15 | 15 | | another official of this state, or the governing body or an official |
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| 16 | 16 | | of a political subdivision of this state declaring a disaster that |
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| 17 | 17 | | has infectious disease as the basis for the declared disaster. |
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| 18 | 18 | | (3) "Qualifying period of disaster" means the period |
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| 19 | 19 | | of time the area in which a hospital is located is declared to be a |
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| 20 | 20 | | disaster area by a qualifying official disaster order. |
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| 21 | 21 | | (b) A hospital may not during a qualifying period of |
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| 22 | 22 | | disaster prohibit in-person visitation with a patient receiving |
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| 23 | 23 | | care. |
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| 24 | 24 | | (c) Notwithstanding Subsection (b), a hospital may during a |
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| 25 | 25 | | qualifying period of disaster: |
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| 26 | 26 | | (1) restrict the number of visitors a patient |
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| 27 | 27 | | receiving care or treatment at the hospital may receive to not fewer |
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| 28 | 28 | | than one; |
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| 29 | 29 | | (2) require a visitor to the hospital to: |
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| 30 | 30 | | (A) complete a health screening before entering |
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| 31 | 31 | | the hospital; and |
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| 32 | 32 | | (B) wear personal protective equipment at all |
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| 33 | 33 | | times while visiting a patient at the hospital; and |
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| 34 | 34 | | (3) deny entry to a visitor who fails or refuses to: |
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| 35 | 35 | | (A) submit to or meet the requirements of a |
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| 36 | 36 | | health screening administered by the hospital; or |
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| 37 | 37 | | (B) wear personal protective equipment that |
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| 38 | 38 | | meets the hospital's infection control and safety requirements in |
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| 39 | 39 | | the manner prescribed by the hospital. |
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| 40 | 40 | | (d) A health screening administered by a hospital under this |
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| 41 | 41 | | section must be conducted in a manner that is consistent with: |
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| 42 | 42 | | (1) hospital policy; and |
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| 43 | 43 | | (2) if applicable, guidance or directives issued by |
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| 44 | 44 | | the commission, the Centers for Medicare and Medicaid Services, or |
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| 45 | 45 | | another agency with regulatory authority over the hospital. |
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| 46 | 46 | | (e) Notwithstanding any other law, a hospital is not subject |
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| 47 | 47 | | to civil or criminal liability or an administrative penalty if a |
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| 48 | 48 | | visitor contracts or spreads an infectious disease while on the |
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| 49 | 49 | | hospital's premises during a qualified period of disaster, except |
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| 50 | 50 | | where intentional misconduct or gross negligence by the hospital is |
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| 51 | 51 | | shown. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2021. |
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