By: Creighton S.B. No. 1956
A BILL TO BE ENTITLED
AN ACT
relating to in-person visitation with hospital patients during
certain periods of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 241.012. IN-PERSON HOSPITAL VISITATION
DURING PERIOD OF DISASTER. (a) In this section:
(1) "Hospital" means a hospital licensed under this
chapter.
(2) "Qualifying official disaster order" means an
order, proclamation, or other instrument issued by the governor,
another official of this state, or the governing body or an official
of a political subdivision of this state declaring a disaster that
has infectious disease as the basis for the declared disaster.
(3) "Qualifying period of disaster" means the period
of time the area in which a hospital is located is declared to be a
disaster area by a qualifying official disaster order.
(b) A hospital may not during a qualifying period of
disaster prohibit in-person visitation with a patient receiving
care.
(c) Notwithstanding Subsection (b), a hospital may during a
qualifying period of disaster:
(1) restrict the number of visitors a patient
receiving care or treatment at the hospital may receive to not fewer
than one;
(2) require a visitor to the hospital to:
(A) complete a health screening before entering
the hospital; and
(B) wear personal protective equipment at all
times while visiting a patient at the hospital; and
(3) deny entry to a visitor who fails or refuses to:
(A) submit to or meet the requirements of a
health screening administered by the hospital; or
(B) wear personal protective equipment that
meets the hospital's infection control and safety requirements in
the manner prescribed by the hospital.
(d) A health screening administered by a hospital under this
section must be conducted in a manner that is consistent with:
(1) hospital policy; and
(2) if applicable, guidance or directives issued by
the commission, the Centers for Medicare and Medicaid Services, or
another agency with regulatory authority over the hospital.
(e) Notwithstanding any other law, a hospital is not subject
to civil or criminal liability or an administrative penalty if a
visitor contracts or spreads an infectious disease while on the
hospital's premises during a qualified period of disaster, except
where intentional misconduct or gross negligence by the hospital is
shown.
SECTION 2. This Act takes effect September 1, 2021.