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.

Source Note: The provisions of this §506.39 adopted to be effective September 29, 2022, 47 TexReg 6200