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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 133HOSPITAL LICENSING
SUBCHAPTER COPERATIONAL REQUIREMENTS
RULE §133.41Hospital Functions and Services

    (G) Drugs or medications, including those intended for intravenous use, shall not be added to blood or blood components. A 0.9% sodium chloride injection, United States Pharmacopeia, may be added to blood or blood components. Other solutions intended for intravenous use may be used in an administration set or added to blood or blood components under either of the following conditions:

      (i) they have been approved for this use by the Federal Drug Administration; or

      (ii) there is documentation available to show that addition to the component involved is safe and efficacious.

    (H) There shall be a system for detection, reporting and evaluation of suspected complications of transfusion. Any adverse event experienced by a patient in association with a transfusion is to be regarded as a suspected transfusion complication. In the event of a suspected transfusion complication, the personnel attending the patient shall notify immediately a responsible physician and the transfusion service and document the complication in the patient's medical record. All suspected transfusion complications shall be evaluated promptly according to an established procedure.

    (I) Following the transfusion, the blood transfusion record or a copy shall be made a part of the patient's medical record.

  (6) Reporting and peer review of a vocational or registered nurse. A hospital shall adopt, implement, and enforce a policy to ensure that the hospital complies with the Occupations Code §§301.401 - 301.403, 301.405 and Chapter 303 (relating to Grounds for Reporting Nurse, Duty of Nurse to Report, Duty of Peer Review Committee to Report, Duty of Person Employing Nurse to Report, and Nursing Peer Review respectively), and with the rules adopted by the Board of Nurse Examiners in 22 TAC §217.16 (relating to Minor Incidents), §217.19 (relating to Incident-Based Nursing Peer Review and Whistleblower Protections), and §217.20 (relating to Safe Harbor Peer Review for Nurses and Whistleblower Protections).

  (7) Policies and procedures related to workplace safety.

    (A) The hospital shall adopt, implement and enforce policies and procedures related to the work environment for nurses which:

      (i) improve workplace safety and reduce the risk of injury, occupational illness, and violence; and

      (ii) increase the use of ergonomic principles and ergonomically designed devices to reduce injury and fatigue.

    (B) The policies and procedures adopted under subparagraph (A) of this paragraph, at a minimum, must include:

      (i) evaluating new products and technology that incorporate ergonomic principles;

      (ii) educating nurses in the application of ergonomic practices;

      (iii) conducting workplace audits to identify areas of risk of injury, occupational illness, or violence and recommending ways to reduce those risks;

      (iv) controlling access to those areas identified as having a high risk of violence; and

      (v) promptly reporting crimes committed against nurses to appropriate law enforcement agencies.

  (8) Safe patient handling and movement practices.

    (A) The hospital shall adopt, implement and enforce policies and procedures to identify, assess, and develop strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient.

    (B) The policies and procedures shall establish a process that, at a minimum, includes the following:

      (i) analysis of the risk of injury to both patients and nurses posed by the patient handling needs of the patient populations served by the hospital and the physical environment in which patient handling and movement occurs;

      (ii) education of nurses in the identification, assessment, and control of risks of injury to patients and nurses during patient handling;

      (iii) evaluation of alternative ways to reduce risks associated with patient handling, including evaluation of equipment and the environment;

      (iv) restriction, to the extent feasible with existing equipment and aids, of manual patient handling or movement of all or most of a patient's weight to emergency, life-threatening, or otherwise exceptional circumstances;

      (v) collaboration with and annual report to the nurse staffing committee;

      (vi) procedures for nurses to refuse to perform or be involved in patient handling or movement that the nurse believes in good faith will expose a patient or a nurse to an unacceptable risk of injury;

      (vii) submission of an annual report to the governing body on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses associated with the lifting, transferring, repositioning, or movement of a patient; and

      (viii) development of architectural plans for constructing or remodeling a hospital or a unit of a hospital in which patient handling and movement occurs, with consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.

(p) Outpatient services. If the hospital provides outpatient services, the services shall meet the needs of the patients in accordance with acceptable standards of practice.

  (1) Organization. Outpatient services shall be appropriately organized and integrated with inpatient services.

  (2) Personnel.

    (A) The hospital shall assign an individual to be responsible for outpatient services.

    (B) The hospital shall have appropriate physicians on staff and other professional and nonprofessional personnel available.

(q) Pharmacy services. The hospital shall provide pharmaceutical services that meet the needs of the patients.

  (1) Compliance. The hospital shall provide a pharmacy which is licensed, as required, by the Texas State Board of Pharmacy. Pharmacy services shall comply with all applicable statutes and rules.

  (2) Organization. The hospital shall have a pharmacy directed by a licensed pharmacist.

  (3) Medical staff. The medical staff shall be responsible for developing policies and procedures that minimize drug errors. This function may be delegated to the hospital's organized pharmaceutical services.

  (4) Pharmacy management and administration. The pharmacy or drug storage area shall be administered in accordance with accepted professional principles.

    (A) Standards of practice as defined by state law shall be followed regarding the provision of pharmacy services.

    (B) The pharmaceutical services shall have an adequate number of personnel to ensure quality pharmaceutical services including emergency services.

      (i) The staff shall be sufficient in number and training to respond to the pharmaceutical needs of the patient population being served. There shall be an arrangement for emergency services.

      (ii) Employees shall provide pharmaceutical services within the scope of their license and education.

    (C) Drugs and biologicals shall be properly stored to ensure ventilation, light, security, and temperature controls.

    (D) Records shall have sufficient detail to follow the flow of drugs from entry through dispensation.

    (E) There shall be adequate controls over all drugs and medications including the floor stock. Drug storage areas shall be approved by the pharmacist, and floor stock lists shall be established.

    (F) Inspections of drug storage areas shall be conducted throughout the hospital under pharmacist supervision.

    (G) There shall be a drug recall procedure.

    (H) A full-time, part-time, or consulting pharmacist shall be responsible for developing, supervising, and coordinating all the activities of the pharmacy services.

      (i) Direction of pharmaceutical services may not require on-premises supervision but may be accomplished through regularly scheduled visits in accordance with state law.

      (ii) A job description or other written agreement shall clearly define the responsibilities of the pharmacist.

    (I) Current and accurate records shall be kept of the receipt and disposition of all scheduled drugs.

      (i) There shall be a record system in place that provides the information on controlled substances in a readily retrievable manner which is separate from the patient record.

      (ii) Records shall trace the movement of scheduled drugs throughout the services, documenting utilization or wastage.

Cont'd...

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