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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 19NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER TADMINISTRATION
RULE §19.1914Emergency Preparedness and Response

(a) Definitions. In this section:

  (1) "emergency situation" means an impending or actual situation that:

    (A) interferes with normal activities of a facility and its residents;

    (B) may:

      (i) cause injury or death to a resident or staff member of the facility; or

      (ii) cause damage to facility property;

    (C) requires the facility to respond immediately to mitigate or avoid the injury, death, damage or interference; and

    (D) does not include a situation that arises from the medical condition of a resident, such as cardiac arrest, obstructed airway, or cerebrovascular accident;

  (2) "plan" refers to a facility's emergency preparedness and response plan; and

  (3) "receiving facility" means a facility or location that has agreed to receive the residents of another facility who are evacuated due to an emergency situation.

(b) Administration. A facility must:

  (1) develop and implement a written plan as described in subsection (c) of this section;

  (2) maintain a current printed copy of the plan in a central location that is accessible to all staff at all times and at a work station of each personnel supervisor who has responsibilities under the plan;

  (3) evaluate the plan to determine if information in the plan needs to change:

    (A) within 30 days after an emergency situation;

    (B) due to remodeling or making an addition to the facility; and

    (C) at least annually;

  (4) revise the plan within 30 days after information in the plan changes; and

  (5) maintain documentation of compliance with this section.

(c) Emergency Preparedness and Response Plan. A facility's plan must:

  (1) include a risk assessment of all potential internal and external emergency situations relevant to the facility's operations and geographical area, such as a fire, failure of heating and cooling systems, a power outage, a bomb threat, an explosion, a hurricane, a tornado, a flood, extreme snow and ice conditions for the area, a wildfire, terrorism, a hazardous materials accident, or a thunderstorm with a risk for harm to persons or property;

  (2) include a description of the facility's resident population;

  (3) include a section for each core function of emergency management, as described in subsection (d) of this section, that is based on a facility's decision to either shelter-in-place or evacuate during an emergency situation;

  (4) include a section for a fire safety plan that complies with §19.326 of this chapter (relating to Safety Operations); and

  (5) include a section for self reporting incidents that complies with subsection (f) of this section.

(d) Plan Requirements Regarding Eight Core Functions of Emergency Management.

  (1) Direction and control. The facility's plan must contain a section for direction and control that:

    (A) designates by name or title the emergency preparedness coordinator (EPC), who is the facility staff person with the authority to manage the facility's response to an emergency situation in accordance with the plan, and includes the EPC's current phone number;

    (B) designates by name or title the alternate EPC, who is the facility staff person with the authority to act as the EPC if the EPC is unable to serve in that capacity, and includes the alternate EPC's current phone number;

    (C) documents the name and contact information for the local emergency management coordinator (EMC) for the area where the facility is located, as identified by the office of the local mayor or county judge;

    (D) includes procedures for notifying the local EMC of the execution of the plan;

    (E) includes a plan for coordinating a staffing response to an emergency situation; and

    (F) includes a plan for guiding residents to a safe location that is based on the type of emergency situation occurring and a facility's decision to either shelter-in-place or evacuate during an emergency situation.

  (2) Warning. A facility's plan must contain a section for warning that:

    (A) describes how the EPC will be notified of an emergency situation;

    (B) identifies who the EPC will notify of an emergency situation and when the notification will occur, including during off hours, weekends, and holidays; and

    (C) addresses monitoring local news and weather reports regarding a disaster or potential disaster taking into consideration factors such as geographic specific natural disasters, whether a disaster is likely to be addressed or forecast in the reports, and the conditions, natural or otherwise, that would cause staff to monitor news and weather reports for a disaster.

  (3) Communication. A facility's plan must contain a section for communication that:

    (A) identifies the facility's primary mode of communication to be used during an emergency situation and the facility's alternate mode of communication to be used in the event of power failure or the loss of the facility's primary mode of communication in an emergency situation;

    (B) requires posting of the emergency contact number for the local fire department, ambulance, and police on or near each telephone in the facility in communities where a "911" emergency management system is unavailable;

    (C) includes procedures for maintaining a current list of telephone numbers for residents' responsible parties;

    (D) includes procedures for maintaining a current list of telephone numbers for pre-arranged receiving facilities;

    (E) includes procedures for maintaining a current list of telephone numbers for the facility's staff;

    (F) identifies the location of the lists described in subparagraphs (C) through (E) of this paragraph and in subsection (d)(1)(A) and (B) of this section;

    (G) includes procedures to notify:

      (i) facility staff about an emergency situation;

      (ii) a receiving facility about an impending or actual evacuation of residents; and

      (iii) residents and residents' responsible parties about an impending or actual evacuation;

    (H) provides a method for a person to obtain resident information during an emergency situation; and

    (I) includes procedures for the facility to maintain communication with:

      (i) facility staff involved in an emergency situation;

      (ii) a receiving facility; and

      (iii) the driver of a vehicle transporting residents, medication, records, food, water, equipment, or supplies during an evacuation.

  (4) Sheltering Arrangements. A facility's plan must contain a section for sheltering arrangements that:

    (A) includes procedures for implementing a decision to shelter-in-place that includes:

      (i) having access to medications, records, food, water, equipment and supplies; and

      (ii) sheltering facility staff involved in responding to an emergency situation, and their family members, if necessary;

    (B) includes procedures for notifying DADS Regulatory Services regional office for the area in which the facility is located by telephone immediately after the EPC makes a decision to shelter-in-place:

      (i) before, during, or after a hurricane or flood impacts a facility, if the risk assessment identified a hurricane or flood as a potential emergency situation; or

      (ii) after any other type of emergency situation that has caused property damage to a facility;

    (C) includes procedures for accommodating evacuated residents, if the facility serves as a receiving facility for a facility that has evacuated.

  (5) Evacuation. A facility's plan must contain a section for evacuation that:

    (A) identifies evacuation destinations and routes, and includes a map that shows the destinations and routes;

    (B) includes procedures for implementing a decision to evacuate residents to a receiving facility;

    (C) includes a current copy of an agreement with a receiving facility, outlining arrangements for receiving residents in the event of an evacuation, if the evacuation destination identified in accordance with subparagraph (B) of this paragraph is a receiving facility that is not owned by the same entity as the evacuating facility;

    (D) includes procedures for:

      (i) ensuring facility staff accompany evacuating residents;

      (ii) ensuring that residents and facility staff present in the building have been evacuated;

      (iii) accounting for residents and facility staff after they have been evacuated;

      (iv) accounting for residents absent from the facility at the time of the evacuation;

      (v) releasing resident information in an emergency situation to promote continuity of a resident's care;

      (vi) contacting the local EMC to find out if it is safe to return to the geographical area after an evacuation;

      (vii) determining if it is safe to re-enter and occupy the building after an evacuation; and

    (E) includes procedures for notifying the local EMC regarding an evacuation of the facility;

    (F) includes procedures for notifying DADS Regulatory Services regional office for the area in which the facility is located by telephone immediately after the EPC makes a decision to evacuate; and

    (G) includes procedures for notifying DADS Regulatory Services regional office for the area in which the facility is located by telephone immediately when residents have returned to the facility after an evacuation.

  (6) Transportation. A facility's plan must contain a section for transportation that:

    (A) arranges for a sufficient number of vehicles to safely evacuate all residents;

    (B) identifies facility staff designated to drive a facility owned, leased or rented vehicle during an evacuation;

    (C) includes procedures for safely transporting residents, facility staff involved in an evacuation; and

    (D) includes procedures for safely transporting and having timely access to oxygen, medications, records, food, water, equipment, and supplies needed during an evacuation.

  (7) Health and Medical Needs. A facility's plan must contain a section for health and medical needs that:

    (A) identifies the types of services used by residents, such as dialysis, oxygen, respirator care, or hospice services; and

    (B) ensures the resident's needs identified in subparagraph (A) of this paragraph are met during an emergency situation.

  (8) Resource Management. A facility's plan must contain a section for resource management that:

    (A) includes a plan for identifying medications, records, food, water, equipment and supplies needed during an emergency situation;

    (B) identifies facility staff who are assigned to locate the items in subparagraph (A) of this paragraph and who must ensure the transportation of the items during an emergency situation; and

    (C) includes procedures to ensure medications are secure and maintained at the proper temperature during an emergency situation.

(e) Training. The facility must:

  (1) train a facility staff member on the staff member's responsibilities under the plan within 30 days after assuming job duties;

  (2) train a facility staff member on the staff member's responsibilities under the plan at least annually and when the staff member's responsibilities under the plan change; and

  (3) conduct one unannounced annual drill with facility staff for severe weather and other emergency situations identified by the facility as likely to occur, based on the results of the risk assessment required by subsection (c)(1) of this section.

(f) Self-Reported Incidents.

  (1) A facility must report a fire to DADS as follows:

    (A) by calling 1-800-458-9858 immediately after the fire; and

    (B) by submitting a completed DADS form titled "Fire Report for Long Term Care Facilities" within 15 calendar days after the fire.

  (2) A facility must report an emergency situation that caused the death or serious injury of a resident to DADS as follows:

    (A) by calling 1-800-458-9858 immediately after the death or serious injury; and

    (B) by submitting a completed DADS form titled "DADS Provider Investigation Report" within 5 working days after making the telephone report required by paragraph (2)(A) of this subsection.


Source Note: The provisions of this §19.1914 adopted to be effective August 1, 2011, 36 TexReg 4668

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