Bill Text: TX HB2211 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to in-person visitation with hospital patients during certain periods of disaster.

Spectrum: Slight Partisan Bill (Republican 23-8)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB2211 Detail]

Download: Texas-2021-HB2211-Enrolled.html
 
 
  H.B. No. 2211
 
 
 
 
AN ACT
  relating to in-person visitation with hospital patients during
  certain periods of disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 241, Health and Safety
  Code, is amended by adding Section 241.012 to read as follows:
         Sec. 241.012.  IN-PERSON HOSPITAL VISITATION DURING PERIOD
  OF DISASTER. (a) In this section:
               (1)  "Hospital" means a hospital licensed under this
  chapter.
               (2)  "Qualifying official disaster order" means an
  order, proclamation, or other instrument issued by the governor,
  another official of this state, or the governing body or an official
  of a political subdivision of this state declaring a disaster that
  has infectious disease as the basis for the declared disaster.
               (3)  "Qualifying period of disaster" means the period
  of time the area in which a hospital is located is declared to be a
  disaster area by a qualifying official disaster order.
               (4)  "Religious counselor" means an individual acting
  substantially in a pastoral or religious capacity to provide
  spiritual counsel to other individuals.
         (b)  A hospital may not during a qualifying period of
  disaster prohibit in-person visitation with a patient receiving
  care or treatment at the hospital unless federal law or a federal
  agency requires the hospital to prohibit in-person visitation
  during that period.
         (c)  Notwithstanding Subsection (b), a hospital may during a
  qualifying period of disaster:
               (1)  restrict the number of visitors a patient
  receiving care or treatment at the hospital may receive to not fewer
  than one;
               (2)  require a visitor to the hospital to:
                     (A)  complete a health screening before entering
  the hospital; and
                     (B)  wear personal protective equipment at all
  times while visiting a patient at the hospital; and
               (3)  deny entry to or remove from the hospital's
  premises a visitor who fails or refuses to:
                     (A)  submit to or meet the requirements of a
  health screening administered by the hospital; or
                     (B)  wear personal protective equipment that
  meets the hospital's infection control and safety requirements in
  the manner prescribed by the hospital.
         (d)  A health screening administered by a hospital under this
  section must be conducted in a manner that, at a minimum, complies
  with:
               (1)  hospital policy; and
               (2)  if applicable, guidance or directives issued by
  the commission, the Centers for Medicare and Medicaid Services, or
  another agency with regulatory authority over the hospital.
         (e)  Notwithstanding any other law, neither a hospital nor a
  physician providing health care services on the hospital's premises
  is subject to civil or criminal liability or an administrative
  penalty if a visitor contracts an infectious disease while on the
  hospital's premises during a qualifying period of disaster or, in
  connection with a visit to the hospital, spreads an infectious
  disease to any other individual, except where intentional
  misconduct or gross negligence by the hospital or the physician is
  shown.  A physician who in good faith takes, or fails to take, an
  action under this section is not subject to civil or criminal
  liability or disciplinary action for the physician's action or
  failure to act under this section.
         (f)  This section may not be construed as requiring a
  hospital to:
               (1)  provide a specific type of personal protective
  equipment to a visitor to the hospital; or
               (2)  allow in-person visitation with a patient
  receiving care or treatment at the hospital if an attending
  physician determines that in-person visitation with that patient
  may lead to the transmission of an infectious agent that poses a
  serious community health risk.
         (g)  A determination made by an attending physician under
  Subsection (f)(2) is valid for not more than five days after the
  date the determination is made unless renewed by an attending
  physician.
         (h)  If a visitor to a hospital is denied in-person
  visitation with a patient receiving care or treatment at a hospital
  because of a determination made by an attending physician under
  Subsection (f)(2), the hospital shall:
               (1)  provide each day a written or oral update of the
  patient's condition to the visitor if the visitor:
                     (A)  is authorized by the patient to receive
  relevant health information regarding the patient;
                     (B)  has authority to receive the patient's health
  information under an advance directive or medical power of
  attorney; or
                     (C)  is otherwise the patient's surrogate
  decision-maker regarding the patient's health care needs under
  hospital policy and other applicable law; and
               (2)  notify the person who receives the daily update
  required under Subdivision (1) of the estimated date and time at
  which the patient will be discharged from the hospital.
         (i)  Notwithstanding any other provision of this section, a
  hospital may not prohibit in-person visitation by a religious
  counselor with a patient who is receiving care or treatment at the
  hospital and who is seriously ill or dying for a reason other than
  the religious counselor's failure to comply with a requirement
  described by Subsection (c)(2).
         (j)  In the event of a conflict between this section and any
  provision of a qualifying official disaster order, this section
  prevails.
         (k)  This section does not create a cause of action against a
  hospital or physician.
         SECTION 2.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2211 was passed by the House on April
  16, 2021, by the following vote:  Yeas 140, Nays 5, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2211 on May 28, 2021, by the following vote:  Yeas 143, Nays 1,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2211 was passed by the Senate, with
  amendments, on May 25, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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