Bill Summary – FastDemocracy

      
            S.B. No. 52
         
               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 provid
Statutes affected: 
Introduced:  ()
Senate Committee Report:  ()
Engrossed:  ()
House Committee Report:  ()
Enrolled:  ()




	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 provid Statutes affected: Introduced: () Senate Committee Report: () Engrossed: () House Committee Report: () Enrolled: ()