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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 139ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER DMINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES
RULE §139.57Discharge and Follow-up Referrals

(a) A licensed abortion facility shall develop and implement written discharge instructions which shall include:

  (1) a list of complications (developed by the facility in conjunction with a physician who practices in the facility) that warrant the patient contacting the facility, which shall include, but not be limited to:

    (A) pain;

    (B) fever; and

    (C) bleeding;

  (2) a statement of the facility's plan to respond to the patient in the event the patient experiences any of the complications listed in the discharge instructions to include:

    (A) a telephone number by which the patient may reach the physician, or other health care personnel employed by the physician or by the facility at which the abortion was performed or induced with access to the woman's relevant medical records, 24 hours a day to request assistance for any complications that arise from the performance or induction of the abortion or ask health-related questions regarding the abortion;

    (B) the name and telephone number of the nearest hospital to the home of the patient at which an emergency arising from the abortion would be treated;

    (C) assurance that the responding individual shall be a physician, advanced practice registered nurse, physician assistant, registered nurse, or licensed vocational nurse; and

    (D) information that the patient may also contact the emergency medical service or present for care at the emergency room of a hospital in addition to contacting the facility; and

  (3) information concerning the need for a post-abortion examination.

(b) A facility shall provide a patient with a copy of the written discharge instructions described in subsection (a) of this section.

(c) The facility shall develop and implement written policies and procedures for:

  (1) examination or referral of all patients who report complications, as identified in the list required by subsection (a)(1) of this section, to the facility after an abortion procedure. The written policy and procedure shall require:

    (A) the facility to maintain a written system of documentation of patients who report post-abortion complications within 14 days of the procedure date;

    (B) documentation of the facility's action following a patient's reporting of post-abortion complications to be placed in the patient's record; and

    (C) the patients' records to be maintained for adults for seven years and for minors five years past the age the patient reaches majority; and

  (2) periodic review of the record keeping system for post-abortion complications to identify problems and potential problems and to make changes in order to resolve the problems.


Source Note: The provisions of this §139.57 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective January 1, 2014, 38 TexReg 9577

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