Bill Text: TX SB52 | 2023-2024 | 88th Legislature | Enrolled
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-Enrolled.html
| S.B. No. 52 | ||
|
|
||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 52 passed the Senate on | ||
| April 6, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 52 passed the House on | ||
| May 19, 2023, by the following vote: Yeas 142, Nays 1, | ||
| two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
