ESSENTIAL CAREGIVER POLICIES, PROCEDURES, AND SAFETY PROTOCOLS

(a) Notwithstanding Section 552.202, the executive commissioner by rule shall develop guidelines to assist state hospitals in establishing essential caregiver visitation policies and procedures. The guidelines must require the hospitals to: (1) allow a patient, patient's guardian, or patient's legally authorized representative or, for a minor patient, the patient's parent, guardian, or managing conservator, to designate for in-person visitation an essential caregiver; (2) establish a visitation schedule allowing the essential caregiver to visit the patient for at least two hours each day; (3) establish procedures to enable physical contact between the patient and essential caregiver; and (4) obtain the signature of the essential caregiver certifying the caregiver will follow the hospital's safety protocols and any other policies, procedures, or rules established under this section. (b) A state hospital may not establish safety protocols under this section that are more stringent than the safety protocols the hospital establishes for hospital staff.