2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 555 - State Supported Living Centers › Subchapter F. Right to Essential Caregiver Visits › Section 555.202. Resident's Right to Essential Caregiver Visits

Sec. 555.202.  RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER VISITS.  (a)  A resident of a state supported living center, the resident's guardian, or the resident's legally authorized representative has the right to designate an essential caregiver with whom the center may not prohibit in-person visitation.
(b)  Notwithstanding Subsection (a), the executive commissioner by rule shall develop guidelines to assist state supported living centers in establishing essential caregiver visitation policies and procedures.  The guidelines must require the centers to:
(1)  allow a resident, resident's guardian, or resident's legally authorized representative to designate for in-person visitation an essential caregiver;
(2)  establish a visitation schedule allowing the essential caregiver to visit the resident for at least two hours each day;
(3)  establish procedures to enable physical contact between the resident and essential caregiver; and
(4)  obtain the signature of the essential caregiver certifying that the caregiver will follow the center's safety protocols and any other rules adopted under this section.
(c)  A state supported living center may revoke an individual's designation as an essential caregiver if the essential caregiver violates the center's safety protocols or rules adopted under this section.  If a state supported living center revokes an individual's designation as an essential caregiver under this subsection, the resident, resident's guardian, or resident's legally authorized representative has the right to immediately designate another individual as the resident's essential caregiver.  The commission by rule shall establish an appeals process to evaluate the revocation of an individual's designation as an essential caregiver under this subsection.
(d)  Safety protocols adopted by a state supported living center for an essential caregiver under this section may not be more stringent than safety protocols for center staff.
(e)  A state supported living center may petition the commission to suspend in-person essential caregiver visits for not more than seven days if in-person visitation poses a serious community health risk.  The commission may deny the state supported living center's request to suspend in-person essential caregiver visitation if the commission determines that in-person visitation does not pose a serious community health risk.  A state supported living center may request an extension from the commission to suspend in-person essential caregiver visitation for more than seven days.  The commission may not approve an extension under this subsection for a period that exceeds seven days, and a state supported living center must separately request each extension.  A state supported living center may not suspend in-person essential caregiver visitation in any year for a number of days that exceeds 14 consecutive days or a total of 45 days.
(f)  This section may not be construed as requiring an essential caregiver to provide necessary care to a resident, and a state supported living center may not require an essential caregiver to provide necessary care.
Added by Acts 2021, 87th Leg., R.S., Ch. 531 (S.B. 25), Sec. 3, eff. September 1, 2021.