Texas 2021 - 87th Regular

Texas Senate Bill SB572 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 572
	1	+	87R22519 SRA-F
	2	+	By: Springer, et al. S.B. No. 572
	3	+	(White, Cain, Middleton)
	4	+	Substitute the following for S.B. No. 572: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to in-person visitation of religious counselors with
6	10		certain health care facility patients and residents during a public
7	11		health emergency.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. The purpose of Chapter 260C, Health and Safety
10	14		Code, as added by this Act, is to protect the religious liberty of
11	15		each patient or resident of a health care facility and to protect
12	16		health care facilities from costly lawsuits and administrative
13	17		complaints based on religious discrimination by allowing patients
14	18		and residents to receive in-person visitation with a religious
15	19		counselor, provided that the health care facilities ensure
16	20		compliance with health and safety requirements.
17	21		SECTION 2. Subtitle B, Title 4, Health and Safety Code, is
18	22		amended by adding Chapter 260C to read as follows:
19	23		CHAPTER 260C. IN-PERSON VISITATION WITH RELIGIOUS COUNSELOR
20	24		Sec. 260C.001. DEFINITIONS. In this chapter:
21	25		(1) "Health care facility" means:
22	26		(A) a home and community support services agency
23	27		licensed under Chapter 142;
24	28		(B) a hospital licensed under Chapter 241;
25	29		(C) a nursing facility licensed under Chapter
26	30		242;
27	31		(D) a continuing care facility regulated under
28	32		Chapter 246;
29	33		(E) an assisted living facility licensed under
30	34		Chapter 247; or
31	35		(F) a special care facility licensed under
32	36		Chapter 248.
33	37		(2) "Public health emergency" means:
34	38		(A) a state of disaster or local disaster
35	39		declared under Chapter 418, Government Code; or
36	40		(B) a public health disaster as defined by
37	41		Section 81.003.
38	42		(3) "Religious counselor" means an individual acting
39	43		substantially in a pastoral or religious capacity to provide
40	44		spiritual counsel to other individuals.
41	45		Sec. 260C.002. IN-PERSON VISITATION WITH RELIGIOUS
42	46		COUNSELOR. (a) A health care facility may not prohibit a resident or
43	47		patient of the facility from receiving in-person visitation with a
44		-	religious counselor during a public health emergency on the request
45		-	of:
46		-	(1) the patient or resident; or
47		-	(2) if the patient or resident is incapacitated, the
48		-	patient's or resident's legally authorized representative,
49		-	including a family member of the patient or resident.
	48	+	religious counselor on the patient's or resident's request during a
	49	+	public health emergency.
50	50		(b) Notwithstanding Subsection (a), the executive
51	51		commissioner by rule shall develop guidelines to assist health care
52	52		facilities in establishing in-person religious counselor
53	53		visitation policies and procedures. The guidelines must:
54	54		(1) establish minimum health and safety requirements
55	55		for in-person visitation with religious counselors;
56	56		(2) allow health care facilities to adopt reasonable
57	57		time, place, and manner restrictions on in-person visitation with
58	58		religious counselors to:
59	59		(A) mitigate the spread of a communicable
60	60		disease; and
61	61		(B) address the patient's or resident's medical
62		-	condition;
	62	+	condition; and
63	63		(3) provide special consideration to patients and
64		-	residents who are receiving end-of-life care; and
65		-	(4) allow health care facilities to condition
66		-	in-person visitation with religious counselors on the counselor's
67		-	compliance with guidelines, policies, and procedures established
68		-	under this subsection.
	64	+	residents who are receiving end-of-life care.
69	65		(c) A health care facility may prohibit in-person
70	66		visitation with a religious counselor during a public health
71	67		emergency if federal law or a federal agency requires the health
72	68		care facility to prohibit in-person visitation during that period.
73	69		SECTION 3. As soon as practicable after the effective date
74	70		of this Act, the executive commissioner of the Health and Human
75	71		Services Commission by rule shall establish the guidelines required
76	72		by Section 260C.002, Health and Safety Code, as added by this Act.
77	73		SECTION 4. This Act takes effect immediately if it receives
78	74		a vote of two-thirds of all the members elected to each house, as
79	75		provided by Section 39, Article III, Texas Constitution. If this
80	76		Act does not receive the vote necessary for immediate effect, this
81	77		Act takes effect September 1, 2021.
82		-	______________________________ ______________________________
83		-	President of the Senate Speaker of the House
84		-	I hereby certify that S.B. No. 572 passed the Senate on
85		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
86		-	the Senate concurred in House amendments on May 29, 2021, by the
87		-	following vote: Yeas 31, Nays 0.
88		-	______________________________
89		-	Secretary of the Senate
90		-	I hereby certify that S.B. No. 572 passed the House, with
91		-	amendments, on May 20, 2021, by the following vote: Yeas 146,
92		-	Nays 0, one present not voting.
93		-	______________________________
94		-	Chief Clerk of the House
95		-	Approved:
96		-	______________________________
97		-	Date
98		-	______________________________
99		-	Governor