Bill Text: TX HB1354 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 1354 (Prior Session Legislation)

Introduced

Bill Title: Relating to members of the clergy who are employed or voluntarily enter inpatient health care facilities to minister during a state of disaster, emergency, or epidemic.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-03-05 - Referred to Public Health [HB1354 Detail]

Download: Texas-2021-HB1354-Introduced.html



	By: White	H.B. No. 1354



	A BILL TO BE ENTITLED
	AN ACT
	relating to members of the clergy who are employed or voluntarily
	enter inpatient health care facilities to minister during a state
	of disaster, emergency, or epidemic.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The purpose of this Section is to protect the
	religious liberty of each patient or resident and to protect
	inpatient health care facilities from costly lawsuits and
	administrative complaints on the basis of religious discrimination
	by affording patient or resident access to members of the clergy
	provided that those members of the clergy enter the inpatient
	health care facility and comply with the safety requirements of the
	facility in order to visit and minister to the patient or resident.
	SECTION 2. Chapter 81, Health and Safety Code, is amended by
	adding Section 89.010 to read as follows:
	Sec. 81.010. DEFINITIONS. In this section:
	(1) "Inpatient health care facilities" means all of
	the following:
	(A) A hospital licensed pursuant to Chapter 241,
	Health and Safety Code.
	(B) A nursing home, nursing facility, or skilled
	nursing facility licensed pursuant to Chapter 242, Health and
	Safety Code.
	(B) A continuing care facility, as defined in
	Chapter 246, Health and Safety Code.
	(C) An assisted living facility, as defined in
	Chapter 247, Health and Safety Code.
	(D) A special care facility, as defined in
	Chapter 248, Health and Safety Code.
	(2) "Patient" means the patient of the hospital or the
	legal or designated representative of the patient.
	(3) "Resident" means a person who resides or receives
	services at a nursing home, nursing facility, skilled nursing
	facility, a continuing care facility, an assisted living facility,
	or a special care facility or the legal or designated
	representative of the resident.
	(4) "Public health emergency" means a state of
	disaster that is declared pursuant to the Texas Disaster Act,
	Chapter 418, Government Code, or a state of public health disaster
	imposed in accordance with Section 81.082(d), Texas Health and
	Safety Code.
	Sec. 81.0101. VISITATION BY MEMBERS OF CLERGY DURING
	DECLARED STATE OF DISASTER, EMERGENCY, OR EPIDEMIC. (a) The
	executive commissioner shall promulgate rules, pursuant to the
	Administrative Procedure Act, Chapter 2001, Government Code, to
	require inpatient health care facilities to allow members of the
	clergy to visit patients or residents during a public health
	emergency whenever a patient or resident requests such a visit.
	Special consideration shall be given to patients or residents
	receiving end-of-life care.
	(b) The rules shall include but not be limited to
	definitions, minimum requirements, and provisions to protect the
	health, safety, and welfare of the patients or residents and the
	staff of the inpatient health care facility.
	(c) The rules shall allow inpatient health care facilities
	to adopt reasonable time, place, and manner restrictions on patient
	or resident visitation that are implemented for the purpose of
	mitigating the possibility of transmission of any infectious agent
	or disease or to address the medical condition or clinical
	considerations of an individual patient or resident.
	(d) The rules promulgated pursuant to this Section shall be
	preempted by any federal statute, federal regulation, or guidance
	from a federal government agency that requires an inpatient health
	care facility to restrict patient visitation in a manner that is
	more restrictive than the rules adopted by the Texas Department of
	State Health Services pursuant to this Section.
	SECTION 3. Nothing in this Act shall be interpreted to
	prohibit or restrict any inpatient health care facility from
	allowing clergy to visit or minister to patients or residents in a
	manner deemed appropriate by the inpatient health care facility
	prior to the effective date of the rules which are to be implemented
	by the Texas Department of State Health Services.
	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.