(a) A health care facility may not prohibit a resident or patient of the facility from receiving in-person visitation with a religious counselor during a public health emergency on the request of:
(1) the patient or resident; or
(2) if the patient or resident is incapacitated, the patient's or resident's legally authorized representative, including a family member of the patient or resident.
(b) Notwithstanding Subsection (a), the executive commissioner by rule shall develop guidelines to assist health care facilities in establishing in-person religious counselor visitation policies and procedures. The guidelines must:
(1) establish minimum health and safety requirements for in-person visitation with religious counselors;
(2) allow health care facilities to adopt reasonable time, place, and manner restrictions on in-person visitation with religious counselors to:
(A) mitigate the spread of a communicable disease; and
(B) address the patient's or resident's medical condition;
(3) provide special consideration to patients and residents who are receiving end-of-life care; and
(4) allow health care facilities to condition in-person visitation with religious counselors on the counselor's compliance with guidelines, policies, and procedures established under this subsection.
(c) A health care facility may prohibit in-person visitation with a religious counselor during a public health emergency if federal law or a federal agency requires the health care facility to prohibit in-person visitation during that period.