| (a) A separate LHR application shall be submitted for
each LHR facility.
(b) A separate certificate of LHR registration is required
for each LHR facility.
(c) A certificate of LHR registration for a LHR facility
is not required for the following:
(1) a facility owned or operated by a physician for
the practice of medicine;
(2) a licensed hospital; or
(3) a clinic owned or operated by a licensed hospital.
(d) A certificate of LHR registration is required for
a facility owned or operated by a physician that performs only LHR
procedures.
(e) A certificate of laser registration issued in accordance
with 22 TAC §289.301 may be required for the entities specified
in subsection (c) that own, possess, or use lasers for purposes other
than LHR.
(f) An applicant for a facility certificate of LHR
registration shall complete a department-approved application which
must include:
(1) a qualified LSO designated on each application
form pursuant to §118.32;
(2) a qualified LHR professional(s) designated on each
application form;
(3) A copy of a written contract with a consulting
physician which includes the following:
(A) proper protocols for the services provided by the
consulting physician at the facility as specified in §118.60;
(B) a provision for the consulting physician to audit
the LHR facility's protocols and operations in accordance with §118.61;
(C) a commitment that the consulting physician shall
be available for emergency consultation with the LHR facility as appropriate
to the circumstances, including, if the physician considers it necessary,
an emergency appointment with the client; and
(D) a designated physician who shall be available for
the consultation with the LHR facility relating to care for the client
if the consulting physician is unavailable;
(4) the required fee prescribed under §118.80.
(g) An application for a LHR facility shall be signed
by an operator and LSO.
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