| (a) An assisted living facility's visitation policies
and procedures may change during a public health emergency or disaster.
Assisted living facility (ALF) visitation policies and procedures
may not be more restrictive than guidance or directives issued by
HHSC, DSHS, executive or local orders.
(b) An ALF may not prohibit a resident from receiving
in-person visitation with a religious counselor during a public health
emergency or disaster on request from the resident, resident's legally
authorized representative (LAR), or resident's family member unless
a federal law or a federal agency requires the facility to prohibit
in-person visitation during a public health emergency.
(c) An ALF must adopt policies and procedures for in-person
visitation with a religious counselor during a public health emergency
or disaster. These policies and procedures:
(1) must comply with the minimum health and safety
requirements for in-person visitation with religious counselors developed
by HHSC;
(2) may include 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 resident's medical condition;
(3) must include special consideration for residents
receiving end-of-life care; and
(4) may condition in-person visitation with a religious
counselor on the religious counselor's compliance with an ALF's guidelines,
policies, and procedures for in-person visitation with a religious
counselor.
(d) An ALF must permit end-of-life visits and immediately
communicate any changes in a resident's condition that would qualify
the resident for end-of-life visits to the resident representative.
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