Texas 2023 - 88th Regular

Texas Senate Bill SB52 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 52
2	2
3	3
4	4	AN ACT
5	5	relating to the right of state hospital patients to designate an
6	6	essential caregiver for in-person visitation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 552, Health and Safety Code, is amended
9	9	by adding Subchapter F to read as follows:
10	10	SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS
11	11	Sec. 552.201. DEFINITION. In this chapter, "essential
12	12	caregiver" means a family member, friend, guardian, or other
13	13	individual a patient, patient's guardian, or patient's legally
14	14	authorized representative selects for in-person visits.
15	15	Sec. 552.202. PATIENT'S RIGHT TO ESSENTIAL CAREGIVER
16	16	VISITS. (a) A patient, the patient's guardian, or the patient's
17	17	legally authorized representative has the right to designate an
18	18	essential caregiver with whom a state hospital may not prohibit
19	19	in-person visitation.
20	20	(b) If a patient is a minor, the patient's parent, guardian,
21	21	or managing conservator may designate both of the minor patient's
22	22	parents as essential caregivers under Subsection (a).
23	23	Sec. 552.203. ESSENTIAL CAREGIVER POLICIES, PROCEDURES,
24	24	AND SAFETY PROTOCOLS. (a) Notwithstanding Section 552.202, the
25	25	executive commissioner by rule shall develop guidelines to assist
26	26	state hospitals in establishing essential caregiver visitation
27	27	policies and procedures. The guidelines must require the hospitals
28	28	to:
29	29	(1) allow a patient, patient's guardian, or patient's
30	30	legally authorized representative or, for a minor patient, the
31	31	patient's parent, guardian, or managing conservator, to designate
32	32	for in-person visitation an essential caregiver;
33	33	(2) establish a visitation schedule allowing the
34	34	essential caregiver to visit the patient for at least two hours each
35	35	day;
36	36	(3) establish procedures to enable physical contact
37	37	between the patient and essential caregiver; and
38	38	(4) obtain the signature of the essential caregiver
39	39	certifying the caregiver will follow the hospital's safety
40	40	protocols and any other policies, procedures, or rules established
41	41	under this section.
42	42	(b) A state hospital may not establish safety protocols
43	43	under this section that are more stringent than the safety
44	44	protocols the hospital establishes for hospital staff.
45	45	Sec. 552.204. REVOCATION OF ESSENTIAL CAREGIVER
46	46	DESIGNATION. (a) A state hospital may revoke an individual's
47	47	designation as an essential caregiver if the individual violates
48	48	the hospital's policies, procedures, or safety protocols
49	49	established under Section 552.203.
50	50	(b) If a state hospital revokes an individual's designation
51	51	as an essential caregiver under this section, the patient,
52	52	patient's guardian, or patient's legally authorized representative
53	53	or, for a minor patient, the patient's parent, guardian, or
54	54	managing conservator, has the right to immediately designate
55	55	another individual as the patient's essential caregiver.
56	56	(c) The commission by rule shall establish an appeals
57	57	process to evaluate the revocation of an individual's designation
58	58	as an essential caregiver under this section.
59	59	Sec. 552.205. TEMPORARY SUSPENSION OF ESSENTIAL CAREGIVER
60	60	VISITS. (a) A state hospital may petition the commission to
61	61	suspend in-person essential caregiver visits for not more than
62	62	seven days if in-person visitation poses a serious community health
63	63	risk. The commission may deny the hospital's request to suspend
64	64	in-person essential caregiver visitation if the commission
65	65	determines that in-person visitation does not pose a serious
66	66	community health risk.
67	67	(b) A state hospital may request an extension from the
68	68	commission to suspend in-person essential caregiver visitation for
69	69	more than seven days. The commission may not approve an extension
70	70	for a period that exceeds seven days, and the hospital must
71	71	separately request each extension.
72	72	(c) A state hospital may not suspend in-person essential
73	73	caregiver visitation in any year for more than 14 consecutive days
74	74	or 45 days total.
75	75	Sec. 552.206. PROVISION OF NECESSARY PATIENT CARE BY
76	76	ESSENTIAL CAREGIVER. This subchapter may not be construed as
77	77	requiring an essential caregiver to provide necessary care to a
78	78	patient, and a state hospital may not require an essential
79	79	caregiver to provide the necessary care.
80	80	SECTION 2. As soon as practicable after the effective date
81	81	of this Act, the executive commissioner of the Health and Human
82	82	Services Commission shall prescribe the guidelines and adopt the
83	83	rules required by Subchapter F, Chapter 552, Health and Safety
84	84	Code, as added by this Act.
85	85	SECTION 3. This Act takes effect September 1, 2023.
86	86	______________________________ ______________________________
87	87	President of the Senate Speaker of the House
88	88	I hereby certify that S.B. No. 52 passed the Senate on
89	89	April 6, 2023, by the following vote: Yeas 31, Nays 0.
90	90	______________________________
91	91	Secretary of the Senate
92	92	I hereby certify that S.B. No. 52 passed the House on
93	93	May 19, 2023, by the following vote: Yeas 142, Nays 1,
94	94	two present not voting.
95	95	______________________________
96	96	Chief Clerk of the House
97	97	Approved:
98	98	______________________________
99	99	Date
100	100	______________________________
101	101	Governor