Bill Text: TX SB572 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to in-person visitation of religious counselors with certain health care facility patients and residents during a public health emergency.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-14 - Effective immediately [SB572 Detail]
Download: Texas-2021-SB572-Comm_Sub.html
Bill Title: Relating to in-person visitation of religious counselors with certain health care facility patients and residents during a public health emergency.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-14 - Effective immediately [SB572 Detail]
Download: Texas-2021-SB572-Comm_Sub.html
87R22519 SRA-F | ||
By: Springer, et al. | S.B. No. 572 | |
(White, Cain, Middleton) | ||
Substitute the following for S.B. No. 572: No. |
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relating to in-person visitation of religious counselors with | ||
certain health care facility patients and residents during a public | ||
health emergency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The purpose of Chapter 260C, Health and Safety | ||
Code, as added by this Act, is to protect the religious liberty of | ||
each patient or resident of a health care facility and to protect | ||
health care facilities from costly lawsuits and administrative | ||
complaints based on religious discrimination by allowing patients | ||
and residents to receive in-person visitation with a religious | ||
counselor, provided that the health care facilities ensure | ||
compliance with health and safety requirements. | ||
SECTION 2. Subtitle B, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 260C to read as follows: | ||
CHAPTER 260C. IN-PERSON VISITATION WITH RELIGIOUS COUNSELOR | ||
Sec. 260C.001. DEFINITIONS. In this chapter: | ||
(1) "Health care facility" means: | ||
(A) a home and community support services agency | ||
licensed under Chapter 142; | ||
(B) a hospital licensed under Chapter 241; | ||
(C) a nursing facility licensed under Chapter | ||
242; | ||
(D) a continuing care facility regulated under | ||
Chapter 246; | ||
(E) an assisted living facility licensed under | ||
Chapter 247; or | ||
(F) a special care facility licensed under | ||
Chapter 248. | ||
(2) "Public health emergency" means: | ||
(A) a state of disaster or local disaster | ||
declared under Chapter 418, Government Code; or | ||
(B) a public health disaster as defined by | ||
Section 81.003. | ||
(3) "Religious counselor" means an individual acting | ||
substantially in a pastoral or religious capacity to provide | ||
spiritual counsel to other individuals. | ||
Sec. 260C.002. IN-PERSON VISITATION WITH RELIGIOUS | ||
COUNSELOR. (a) A health care facility may not prohibit a resident or | ||
patient of the facility from receiving in-person visitation with a | ||
religious counselor on the patient's or resident's request during a | ||
public health emergency. | ||
(b) Notwithstanding Subsection (a), the executive | ||
commissioner by rule shall develop guidelines to assist health care | ||
facilities in establishing in-person religious counselor | ||
visitation policies and procedures. The guidelines must: | ||
(1) establish minimum health and safety requirements | ||
for in-person visitation with religious counselors; | ||
(2) allow health care facilities to adopt reasonable | ||
time, place, and manner restrictions on in-person visitation with | ||
religious counselors to: | ||
(A) mitigate the spread of a communicable | ||
disease; and | ||
(B) address the patient's or resident's medical | ||
condition; and | ||
(3) provide special consideration to patients and | ||
residents who are receiving end-of-life care. | ||
(c) A health care facility may prohibit in-person | ||
visitation with a religious counselor during a public health | ||
emergency if federal law or a federal agency requires the health | ||
care facility to prohibit in-person visitation during that period. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission by rule shall establish the guidelines required | ||
by Section 260C.002, Health and Safety Code, as added by this Act. | ||
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. |