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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 192OFFICE-BASED ANESTHESIA SERVICES
RULE §192.2Provision of Anesthesia Services in Outpatient Settings

(g) Physiologic monitoring of the patient shall be determined by the type of anesthesia and individual patient needs. Minimum monitoring shall include continuous monitoring of ventilation, oxygenation, and cardiovascular status. Monitors shall include, but not be limited to, pulse oximetry and EKG continuously and non-invasive blood pressure to be measured at least every five minutes. If general anesthesia is utilized, then an O2 analyzer and end-tidal CO2 analyzer must also be used. A means to measure temperature shall be readily available and utilized for continuous monitoring when indicated per current ASA standards. An audible signal alarm device capable of detecting disconnection of any component of the breathing system shall be utilized. The patient shall be monitored continuously throughout the duration of the procedure. Postoperatively, the patient shall be evaluated by continuous monitoring and clinical observation until stable by a licensed health care provider. Monitoring and observations shall be documented per current ASA standards. In the event of an electrical outage which disrupts the capability to continuously monitor all specified patient parameters, at a minimum, heart rate and breath sounds will be monitored on a continuous basis using a precordial stethoscope or similar device, and blood pressure measurements will be reestablished using a non-electrical blood pressure measuring device until electricity is restored. There should be in each location, sufficient electrical outlets to satisfy anesthesia machine and monitoring equipment requirements, including clearly labeled outlets connected to an emergency power supply. A two-way communication source not dependent on electrical current shall be available. Sites shall also have a secondary power source as appropriate for equipment in use in case of power failure.

(h) All anesthesia-related equipment and monitors shall be maintained to current operating room standards. All devices shall have regular service/maintenance checks at least annually or per manufacturer recommendations. Service/maintenance checks shall be performed by appropriately qualified biomedical personnel. Prior to the administration of anesthesia, all equipment/monitors shall be checked using the current FDA recommendations as a guideline. Records of equipment checks shall be maintained in a separate, dedicated log which must be made available upon request. Documentation of any criteria deemed to be substandard shall include a clear description of the problem and the intervention. If equipment is utilized despite the problem, documentation must clearly indicate that patient safety is not in jeopardy. All documentation relating to equipment shall be maintained for seven years or for a period of time as determined by the board.

(i) Each location must have emergency supplies immediately available as required by subsection (c) of this section. Supplies should include emergency drugs and equipment appropriate for the purpose of cardiopulmonary resuscitation. If, (except as provided by subsection (b)(9) of this section) administering local anesthesia, peripheral nerve blocks, or both in a total dosage amount that exceeds 50 percent of the recommended maximum safe dosage per outpatient visit, or if administering tumescent anesthesia, emergency drugs and equipment maintained at the location must include at a minimum lipid emulsion for treating local anesthetic systemic toxicity. If "triggering agents" associated with malignant hyperthermia are used or if the patient is at risk for malignant hyperthermia, required equipment must include a defibrillator, difficult airway equipment, as well as the medication and equipment necessary for the treatment of malignant hyperthermia. Equipment shall be appropriately sized for the patient population being served. Resources for determining appropriate drug dosages shall be readily available. The emergency supplies shall be maintained and inspected by qualified personnel for presence and function of all appropriate equipment and drugs at intervals established by protocol to ensure that equipment is functional and present, drugs are not expired, and office personnel are familiar with equipment and supplies. Records of emergency supply checks shall be maintained in a separate, dedicated log and made available upon request. Records of emergency supply checks shall be maintained for seven years or for a period of time as determined by the board.

(j) The operating surgeon shall verify that the appropriate policies or procedures are in place. Policies, procedure, or protocols shall be evaluated and reviewed at least annually. Operating surgeons are responsible for verifying the level of advanced life support services the local, county-based emergency medical service (EMS) providers are licensed to provide. Operating surgeons who do not practice in counties with 9-1-1 service entities supported by EMS providers licensed at the advanced life support (ALS) level must enter into agreements with a local licensed EMS provider or accredited hospital-based EMS for purposes of transfer of patients to the hospital in case of an emergency. The EMS agreements must include terms delineating requirements and responsibilities for advanced life support services, including, but not limited to advanced airway management, and at a minimum must provide that the EMS provider or hospital-based EMS bring staff and equipment necessary for advanced airway management equal to or exceeding that which is in place at the surgeon's office. The EMS agreements shall be evaluated and re-signed at least annually. Regardless of the level of advanced life support services furnished by EMS providers, the operating surgeon is responsible for having appropriate advanced life support measures available in the office, sufficient to rescue and stabilize the patient until EMS arrives. Policies, procedure, and transfer agreements shall be kept on file in the setting where procedures are performed and shall be made available upon request. Policies or procedures must include, but are not limited to the following listed in paragraphs (1) - (2) of this subsection:

  (1) Management of outpatient anesthesia. At a minimum, these must include written policies, procedures, or protocols that address:

    (A) patient selection criteria;

    (B) patients/providers with latex allergy;

    (C) pediatric drug dosage calculations, where applicable;

    (D) ACLS (advanced cardiac life support) or PALS (pediatric advanced life support) algorithms;

    (E) infection control;

    (F) documentation and tracking use of pharmaceuticals, including controlled substances, expired drugs and wasting of drugs; and

    (G) discharge criteria.

  (2) Management of life-threatening emergencies. At a minimum, these must include, but not be limited to:

    (A) cardiopulmonary emergencies, which must include at a minimum a specific plan for securing a patient's airway pending EMS transfer to the hospital;

    (B) fire;

    (C) bomb threat;

    (D) chemical spill; and

    (E) natural disasters.

(k) An anesthesia provider must perform a presedation assessment of each patient having anesthesia services. The assessment must include, at a minimum:

  (1) an airway evaluation; and

  (2) an ASA physical status classification.

(l) All equipment and anesthesia-related services must remain available at the office-based anesthesia site until the patient is discharged.

(m) Physicians or surgeons must notify the board in writing within 15 days if a procedure performed in any of the settings under this chapter resulted in:

  (1) an unanticipated and unplanned transport of the patient to a hospital for observation or treatment for a period in excess of 24 hours;

  (2) an intraoperative death;

  (3) a death occurring within the first 24 hours of the postoperative time period.


Source Note: The provisions of this §192.2 adopted to be effective May 21, 2000, 25 TexReg 4350; amended to be effective November 30, 2003, 28 TexReg 10498; amended to be effective June 29, 2006, 31 TexReg 5107; amended to be effective January 20, 2009, 34 TexReg 342; amended to be effective May 2, 2010, 35 TexReg 3281; amended to be effective May 15, 2012, 37 TexReg 3583; amended to be effective March 18, 2013, 38 TexReg 1875; amended to be effective January 23, 2014, 39 TexReg 290; amended to be effective March 16, 2015, 40 TexReg 1380

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