S.B. No. 572
AN ACT
relating to in-person visitation of religious counselors with
certain health care facility patients and residents during a public
health emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purpose of Chapter 260C, Health and Safety
Code, as added by this Act, is to protect the religious liberty of
each patient or resident of a health care facility and to protect
health care facilities from costly lawsuits and administrative
complaints based on religious discrimination by allowing patients
and residents to receive in-person visitation with a religious
counselor, provided that the health care facilities ensure
compliance with health and safety requirements.
SECTION 2. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 260C to read as follows:
CHAPTER 260C. IN-PERSON VISITATION WITH RELIGIOUS COUNSELOR
Sec. 260C.001. DEFINITIONS. In this chapter:
(1) "Health care facility" means:
(A) a home and community support services agency
licensed under Chapter 142;
(B) a hospital licensed under Chapter 241;
(C) a nursing facility licensed under Chapter
242;
(D) a continuing care facility regulated under
Chapter 246;
(E) an assisted living facility licensed under
Chapter 247; or
(F) a special care facility licensed under
Chapter 248.
(2) "Public health emergency" means:
(A) a state of disaster or local disaster
declared under Chapter 418, Government Code; or
(B) a public health disaster as defined by
Section 81.003.
(3) "Religious counselor" means an individual acting
substantially in a pastoral or religious capacity to provide
spiritual counsel to other individuals.
Sec. 260C.002. IN-PERSON VISITATION WITH RELIGIOUS
COUNSELOR. (a) A health care facility may not prohibit a resident or
patient of the facility from receiving in-person visitation with a
religious counselor during a public health emergency on the request
of:
(1) the patient or resident; or
(2) if the patient or resident is incapacitated, the
patient's or resident's legally authorized representative,
including a family member of the patient or resident.
(b) Notwithstanding Subsection (a), the executive
commissioner by rule shall develop guidelines to assist health care
facilities in establishing in-person religious counselor
visitation policies and procedures. The guidelines must:
(1) establish minimum health and safety requirements
for in-person visitation with religious counselors;
(2) allow health care facilities to adopt reasonable
time, place, and manner restrictions on in-person visitation with
religious counselors to:
(A) mitigate the spread of a communicable
disease; and
(B) address the patient's or resident's medical
condition;
(3) provide special consideration to patients and
residents who are receiving end-of-life care; and
(4) allow health care facilities to condition
in-person visitation with religious counselors on the counselor's
compliance with guidelines, policies, and procedures established
under this subsection.
(c) A health care facility may prohibit in-person
visitation with a religious counselor during a public health
emergency if federal law or a federal agency requires the health
care facility to prohibit in-person visitation during that period.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission by rule shall establish the guidelines required
by Section 260C.002, Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 572 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 572 passed the House, with
amendments, on May 20, 2021, by the following vote: Yeas 146,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor