Section 511.76 - Patient Visitation(a) A limited services rural hospital (LSRH) shall adopt, implement, and enforce written policies and procedures regarding patient visitation rights, including those setting forth any clinically necessary or reasonable restriction or limitation that the LSRH may need to place on such rights and the reasons for the clinical restriction or limitation.(b) An LSRH shall: (1) inform each patient (or support person, where appropriate) of their visitation rights, including any clinical restriction or limitation on such rights, when they are informed of their other rights under § 511.63 of this subchapter (relating to Patient's Rights);(2) inform each patient of the LSRH's visitation policy;(3) inform each patient (or support person, where appropriate) of the right, subject to their consent, to receive the visitors whom they designate, including a spouse, a domestic partner (including a same-sex domestic partner), another family member, or a friend, and their right to withdraw or deny such consent at any time;(4) not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability;(5) ensure all visitors enjoy full and equal visitation privileges consistent with patient preferences; and(6) record any clinically justified visitation restrictions in the patient's medical record.(c) In accordance with Texas Health and Safety Code (HSC) §260C.002 (relating to In-Person Visitation with Religious Counselor), except as provided by subsections (d) and (e) of this section, an LSRH may not prohibit a patient from receiving in-person visitation with a religious counselor during a public health emergency upon the request of the patient or, if the patient is incapacitated, upon the request of the patient's legally authorized representative, including a family member of the patient.(d) An LSRH may prohibit in-person visitation with a religious counselor during a public health emergency if federal law or a federal agency requires the LSRH to prohibit in-person visitation during that period.(e) To the extent that an LSRH 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 LSRH, including the LSRH's general visitation policy and infection control policy.(2) The policies and procedures shall address considerations for patients 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 patient'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.(f) In accordance with HSC §241.012 (relating to In-Person Hospital Visitation During Period of Disaster), an LSRH may not, during a qualifying period of disaster prohibit in-person visitation with a patient receiving care or treatment at the LSRH unless federal law or a federal agency requires the LSRH to prohibit in-person visitation during that period.(g) Notwithstanding subsection (f) of this section, an LSRH may, during a qualifying period of disaster: (1) restrict the number of visitors a patient receiving care or treatment at the LSRH may receive to not fewer than one, except for religious counselors visiting under subsection (b) of this section;(2) require a visitor, including a religious counselor visiting under subsection (c) of this section, to:(A) complete a health screening before entering the LSRH; and(B) wear personal protective equipment at all times while visiting a patient at the LSRH; and(3) deny entry to or remove from the LSRH's premises a visitor, including a religious counselor visiting under subsection (c) of this section, who fails or refuses to:(A) submit to or meet the requirements of a health screening administered by the LSRH; or(B) wear personal protective equipment that meets the LSRH's infection control and safety requirements in the manner prescribed by the LSRH.(h) A health screening administered by an LSRH under this section and during a qualifying period of disaster must be conducted in a manner that, at a minimum, complies with: (2) if applicable, guidance or directives issued by the Texas Health and Human Services Commission, the Centers for Medicare & Medicaid Services, or another agency with regulatory authority over the LSRH.(i) This section does not require an LSRH to:(1) provide a specific type of personal protective equipment to a visitor, including a religious counselor visiting under subsection (c) of this section; or(2) except for a religious counselor visiting under subsection (c) of this section, allow in-person visitation with a patient receiving care or treatment at the LSRH if an attending physician determines and documents in the patient's medical record that in-person visitation with that patient may lead to the transmission of an infectious agent that poses a serious community health risk during a qualifying period of disaster.(j) A determination made by an attending physician under subsection (h) of this section is valid for not more than five days after the date the determination is made unless renewed by an attending physician.(k) When a visitor to an LSRH is denied in-person visitation with a patient receiving care or treatment at a LSRH because of a determination made by an attending physician under subsection (i)(2) of this section, the LSRH 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 LSRH policy and other applicable law; and(2) notify the person who receives the daily update required under paragraph (1) of this subsection of the estimated date and time at which the patient will be discharged from the LSRH.26 Tex. Admin. Code § 511.76
Adopted by Texas Register, Volume 48, Number 39, September 29, 2023, TexReg 5682, eff. 10/5/2023