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A BILL TO BE ENTITLED
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AN ACT
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relating to in-person visitation with hospital patients during |
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certain periods of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.012 to read as follows: |
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Sec. 241.012. IN-PERSON HOSPITAL VISITATION DURING PERIOD |
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OF DISASTER. (a) In this section: |
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(1) "Hospital" means a hospital licensed under this |
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chapter. |
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(2) "Qualifying official disaster order" means an |
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order, proclamation, or other instrument issued by the governor, |
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another official of this state, or the governing body or an official |
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of a political subdivision of this state declaring a disaster that |
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has infectious disease as the basis for the declared disaster. |
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(3) "Qualifying period of disaster" means the period |
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of time the area in which a hospital is located is declared to be a |
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disaster area by a qualifying official disaster order. |
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(b) A hospital may not during a qualifying period of |
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disaster prohibit in-person visitation with a patient receiving |
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care or treatment at the hospital unless federal law or a federal |
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agency requires the hospital to prohibit in-person visitation |
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during that period. |
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(c) Notwithstanding Subsection (b), a hospital may during a |
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qualifying period of disaster: |
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(1) restrict the number of visitors a patient |
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receiving care or treatment at the hospital may receive to not fewer |
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than one; |
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(2) require a visitor to the hospital to: |
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(A) complete a health screening before entering |
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the hospital; and |
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(B) wear personal protective equipment at all |
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times while visiting a patient at the hospital; and |
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(3) deny entry to a visitor who fails or refuses to: |
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(A) submit to or meet the requirements of a |
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health screening administered by the hospital; or |
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(B) wear personal protective equipment that |
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meets the hospital's infection control and safety requirements in |
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the manner prescribed by the hospital. |
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(d) A health screening administered by a hospital under this |
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section must be conducted in a manner that is consistent with: |
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(1) hospital policy; and |
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(2) if applicable, guidance or directives issued by |
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the commission, the Centers for Medicare and Medicaid Services, or |
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another agency with regulatory authority over the hospital. |
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(e) Notwithstanding any other law, a hospital is not subject |
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to civil or criminal liability or an administrative penalty if a |
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visitor contracts or spreads an infectious disease while on the |
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hospital's premises during a qualified period of disaster, except |
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where intentional misconduct or gross negligence by the hospital is |
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shown. |
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(f) This section may not be construed as requiring a |
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hospital to: |
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(1) provide a specific type of personal protective |
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equipment to a visitor to the hospital; or |
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(2) allow in-person visitation with a patient |
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receiving care or treatment at the hospital if the patient's |
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attending physician determines that in-person visitation with that |
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patient may lead to the transmission of an infectious agent that |
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poses a serious community health risk. |
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(g) A determination made by a patient's attending physician |
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under Subsection (f)(2) is valid for not more than five days after |
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the date the determination is made unless renewed by the physician. |
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(h) If a visitor to a hospital is denied in-person |
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visitation with a patient receiving care or treatment at a hospital |
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because of a determination made by the patient's attending |
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physician under Subsection (f)(2), the hospital shall: |
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(1) provide each day a detailed update of the patient's |
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condition to the visitor, a family representative of the patient, |
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or the person who is the patient's agent regarding the patient's |
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condition under a power of attorney; and |
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(2) notify the person who receives the daily update |
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required under Subdivision (1) of the date and time at which the |
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patient will be discharged from the hospital. |
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(i) In the event of a conflict between this section and any |
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provision of a qualifying official disaster order, this section |
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prevails. |
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SECTION 2. This Act takes effect September 1, 2021. |