Bill Text: TX SB52 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the right of state hospital patients to designate an essential caregiver for in-person visitation.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB52 Detail]

Download: Texas-2023-SB52-Comm_Sub.html

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By: Zaffirini, et al. S.B. No. 52
(Smith)

A BILL TO BE ENTITLED
AN ACT
relating to the right of state hospital patients to designate an
essential caregiver for in-person visitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 552, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS
Sec. 552.201. DEFINITION. In this chapter, "essential
caregiver" means a family member, friend, guardian, or other
individual a patient, patient's guardian, or patient's legally
authorized representative selects for in-person visits.
Sec. 552.202. PATIENT'S RIGHT TO ESSENTIAL CAREGIVER
VISITS. (a) A patient, the patient's guardian, or the patient's
legally authorized representative has the right to designate an
essential caregiver with whom a state hospital may not prohibit
in-person visitation.
(b) If a patient is a minor, the patient's parent, guardian,
or managing conservator may designate both of the minor patient's
parents as essential caregivers under Subsection (a).
Sec. 552.203. ESSENTIAL CAREGIVER POLICIES, PROCEDURES,
AND SAFETY PROTOCOLS. (a) Notwithstanding Section 552.202, the
executive commissioner by rule shall develop guidelines to assist
state hospitals in establishing essential caregiver visitation
policies and procedures. The guidelines must require the hospitals
to:
(1) allow a patient, patient's guardian, or patient's
legally authorized representative or, for a minor patient, the
patient's parent, guardian, or managing conservator, to designate
for in-person visitation an essential caregiver;
(2) establish a visitation schedule allowing the
essential caregiver to visit the patient for at least two hours each
day;
(3) establish procedures to enable physical contact
between the patient and essential caregiver; and
(4) obtain the signature of the essential caregiver
certifying the caregiver will follow the hospital's safety
protocols and any other policies, procedures, or rules established
under this section.
(b) A state hospital may not establish safety protocols
under this section that are more stringent than the safety
protocols the hospital establishes for hospital staff.
Sec. 552.204. REVOCATION OF ESSENTIAL CAREGIVER
DESIGNATION. (a) A state hospital may revoke an individual's
designation as an essential caregiver if the individual violates
the hospital's policies, procedures, or safety protocols
established under Section 552.203.
(b) If a state hospital revokes an individual's designation
as an essential caregiver under this section, the patient,
patient's guardian, or patient's legally authorized representative
or, for a minor patient, the patient's parent, guardian, or
managing conservator, has the right to immediately designate
another individual as the patient's essential caregiver.
(c) The commission by rule shall establish an appeals
process to evaluate the revocation of an individual's designation
as an essential caregiver under this section.
Sec. 552.205. TEMPORARY SUSPENSION OF ESSENTIAL CAREGIVER
VISITS. (a) A state hospital may petition the commission to
suspend in-person essential caregiver visits for not more than
seven days if in-person visitation poses a serious community health
risk. The commission may deny the hospital's request to suspend
in-person essential caregiver visitation if the commission
determines that in-person visitation does not pose a serious
community health risk.
(b) A state hospital may request an extension from the
commission to suspend in-person essential caregiver visitation for
more than seven days. The commission may not approve an extension
for a period that exceeds seven days, and the hospital must
separately request each extension.
(c) A state hospital may not suspend in-person essential
caregiver visitation in any year for more than 14 consecutive days
or 45 days total.
Sec. 552.206. PROVISION OF NECESSARY PATIENT CARE BY
ESSENTIAL CAREGIVER. This subchapter may not be construed as
requiring an essential caregiver to provide necessary care to a
patient, and a state hospital may not require an essential
caregiver to provide the necessary care.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall prescribe the guidelines and adopt the
rules required by Subchapter F, Chapter 552, Health and Safety
Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.