| 1 | 1 | | 88R231 SRA-D |
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| 2 | 2 | | By: Toth H.B. No. 189 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to in-person visitation with hospital patients during |
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| 8 | 8 | | certain periods of disaster. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 241.012(c), (g), and (i), Health and |
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| 11 | 11 | | Safety Code, are amended to read as follows: |
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| 12 | 12 | | (c) Notwithstanding Subsection (b), a hospital may during a |
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| 13 | 13 | | qualifying period of disaster: |
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| 14 | 14 | | (1) restrict the number of visitors a patient |
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| 15 | 15 | | receiving care or treatment at the hospital may receive at any one |
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| 16 | 16 | | time to not fewer than one; |
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| 17 | 17 | | (2) require a visitor to the hospital to: |
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| 18 | 18 | | (A) complete a health screening before entering |
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| 19 | 19 | | the hospital; and |
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| 20 | 20 | | (B) wear personal protective equipment at all |
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| 21 | 21 | | times while visiting a patient at the hospital; and |
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| 22 | 22 | | (3) deny entry to or remove from the hospital's |
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| 23 | 23 | | premises a visitor who fails or refuses to: |
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| 24 | 24 | | (A) submit to or meet the requirements of a |
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| 25 | 25 | | health screening administered by the hospital; or |
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| 26 | 26 | | (B) wear personal protective equipment that |
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| 27 | 27 | | meets the hospital's infection control and safety requirements in |
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| 28 | 28 | | the manner prescribed by the hospital. |
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| 29 | 29 | | (g) A determination made by an attending physician under |
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| 30 | 30 | | Subsection (f)(2) must be in writing and is valid for not more than |
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| 31 | 31 | | 48 hours [five days] after [the date] the determination is made |
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| 32 | 32 | | unless renewed by an attending physician. A renewal of the |
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| 33 | 33 | | determination must be in writing, is valid for not more than 48 |
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| 34 | 34 | | hours after the renewal is made, and may be renewed in the same |
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| 35 | 35 | | manner as the initial determination. |
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| 36 | 36 | | (i) Notwithstanding any other provision of this section, a |
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| 37 | 37 | | hospital may not prohibit in-person visitation by a religious |
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| 38 | 38 | | counselor of the patient's choosing with a patient who is receiving |
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| 39 | 39 | | care or treatment at the hospital [and who is seriously ill or |
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| 40 | 40 | | dying] for a reason other than the religious counselor's failure to |
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| 41 | 41 | | comply with a requirement described by Subsection (c)(2). |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2023. |
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