Section 930.7 - Essential Caregiver In-Person VisitationGuidelines for state hospital policies and procedures.
(1) Each patient or the patient's legally authorized representative (LAR) has the right to designate an essential caregiver with whom in-person state hospital visitation may not be prohibited except as prescribed in §930.9 of this subchapter (relating to Revocation) and §930.11 of this subchapter (relating to Temporary Suspension of Essential Caregiver Visits).(2) If a patient is a minor, the patient's LAR may designate up to two parents as essential caregivers.(3) An essential caregiver may visit the patient for at least two hours each day except when HHSC identifies a serious community health risk under §930.9 or §930.11 of this subchapter.(4) Physical contact between the patient and the essential caregiver during in-person visitation may occur except in circumstances where physical contact is, as a matter of safety and in the exercise of reasonable medical judgment of a member of the medical staff, determined to present a significant risk of harm to the patient, essential caregiver, or others in light of the patient's current medical or psychiatric condition; including if a patient has been determined to be manifestly dangerous pursuant to 25 TAC Chapter 415, Subchapter G (relating to Determination of Manifest Dangerousness). The determination must be documented in the patient's medical record.(5) The state hospital must provide a copy of visitation policies to the designated essential caregiver within 48 hours after the designated essential caregiver's agreement to become the essential caregiver and obtain a signed agreement form certifying that the essential caregiver agrees to follow the state hospital safety protocols for essential caregiver visits. This signed agreement must be placed in the patient's medical record.(6) The state hospital may not establish safety protocols more restrictive for essential caregivers than those established for state hospital staff.26 Tex. Admin. Code § 930.7
Adopted by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5998, eff. 8/13/2024