26 Tex. Admin. Code § 930.7 - Essential Caregiver In-Person Visitation
Guidelines 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.
Notes
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