Section 506.39 - In-Person Visitation During a Public Health Emergency or Disaster(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.26 Tex. Admin. Code § 506.39
Adopted by Texas Register, Volume 47, Number 38, September 23, 2022, TexReg 6200, eff. 9/29/2022