(a) Notwithstanding § 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.