(a) The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
otherwise.
(1) Public health emergency--A state of disaster or
local disaster declared under Texas Government Code Chapter 418 or
a public health disaster as defined by Texas Health and Safety Code
(HSC) §81.003.
(2) Religious counselor--An individual acting substantially
in a pastoral or religious capacity to provide spiritual counsel to
other individuals.
(b) In accordance with HSC §260C.002 (relating
to In-Person Visitation with Religious Counselor), except as provided
by subsections (c) and (d) of this section, a facility may not prohibit
a resident from receiving in-person visitation with a religious counselor
during a public health emergency upon the request of the resident
or, if the resident is incapacitated, upon the request of the resident's
legally authorized representative, including a family member of the
resident.
(c) A facility may prohibit in-person visitation with
a religious counselor during a public health emergency if federal
law or a federal agency requires the facility to prohibit in-person
visitation during that period.
(d) To the extent that facility establishes policies
and procedures for in-person religious counselor visitation during
a public health emergency, these policies and procedures shall comply
with the following:
(1) The policies and procedures shall establish minimum
health and safety requirements for in-person visitation with religious
counselors consistent with:
(A) state, local and federal directives and guidance
regarding the public health emergency;
(B) public health emergency and disaster preparedness
plans; and
(C) other policies adopted by the facility, including
the facility's general visitation policy and infection control policy.
(2) The policies and procedures shall address considerations
for residents who are receiving end-of-life care.
(3) The policies and procedures may contain reasonable
time, place, and manner restrictions on in-person visitation with
religious counselors to mitigate the spread of a communicable disease
or address a resident's medical condition.
(4) The policies and procedures may condition in-person
visitation with religious counselors on the counselor's compliance
with guidelines, policies, and procedures established under this subsection.
|