| (C) The policy shall provide that in determining the
use of medically appropriate life support measures, personnel, and
equipment, the transferring physician shall exercise that degree of
care which a reasonable and prudent physician exercising ordinary
care in the same or similar locality would use for the transfer.
(D) The policy shall provide that except as allowed
under paragraph (3)(B) of this subsection, prior to each patient transfer,
the physician who authorizes the transfer shall personally examine
and evaluate the patient to determine the patient's medical needs
and to ensure that the proper transfer procedures are used.
(E) The policy shall provide that prior to transfer,
the transferring physician shall secure a receiving physician and
a receiving facility that are appropriate to the medical needs of
the patient and that will accept responsibility for the patient's
medical treatment and care.
(8) Record review for standard of care. The policy
shall provide that the medical staff review appropriate records of
patients transferred to determine that the appropriate standard of
care has been met.
(9) Medical record.
(A) The policy shall provide that a copy of those portions
of the patient's medical record which are available and relevant to
the transfer and to the continuing care of the patient be forwarded
to the receiving physician and receiving facility with the patient.
If all necessary medical records for the continued care of the patient
are not available at the time the patient is transferred, the records
shall be forwarded to the receiving physician and receiving facility
as soon as possible.
(B) The medical record shall contain at a minimum:
(i) a brief description of the patient's medical history
and physical examination;
(ii) a working diagnosis and recorded observations
of physical assessment of the patient's condition at the time of transfer;
(iii) the reason for the transfer;
(iv) the results of all diagnostic tests, such as laboratory
(v) pertinent X-ray films and reports; and
(vi) any other pertinent information.
(10) Memorandum of transfer.
(A) The policy shall provide that a memorandum of transfer
be completed for every patient who is transferred.
(B) The memorandum shall contain the following information:
(i) the patient's full name, if known;
(ii) the patient's race, religion, national origin,
age, sex, physical handicap, if known;
(iii) the patient's address and next of kin, address,
and phone number if known;
(iv) the names, telephone numbers and addresses of
the transferring and receiving physicians;
(v) the names, addresses, and telephone numbers of
the transferring and receiving facilities;
(vi) the time and date on which the patient first presented
or was presented to the transferring physician and transferring facility;
(vii) the time and date on which the transferring physician
secured a receiving physician;
(viii) the name, date, and time administration was
contacted in the receiving facility;
(ix) signature, time, and title of the transferring
facility administration who contacted the receiving facility;
(x) the certification required by paragraph (5)(B)(ii)
of this subsection, if applicable (the certification may be part of
the memorandum of transfer form or may be on a separate form attached
to the memorandum of transfer form);
(xi) the time and date on which the receiving physician
assumed responsibility for the patient;
(xii) the time and date on which the patient arrived
at the receiving facility;
(xiii) signature and date of receiving administration;
(xiv) type of vehicle and company used;
(xv) type of equipment and personnel needed in transfers;
(xvi) name and city of facility to which patient was
(xvii) diagnosis by transferring physician; and
(xviii) attachments by transferring facility.
(C) A copy of the memorandum of transfer shall be
retained by the transferring and receiving facilities. The memorandum
shall be filed separately from the patient's medical record and in
a manner which will facilitate its inspection by the department. All
memorandum of transfer forms filed separately shall be retained for
(e) Violations. A facility violates HSC, Chapter 577
and this section if:
(1) the facility fails to comply with the requirements
of this section; or
(2) the governing body fails or refuses to:
(A) adopt a transfer policy which is consistent with
this section and contains each of the requirements in subsection (d)
of this section;
(B) adopt a memorandum of transfer form which meets
the minimum requirements for content contained in this section; or
(C) enforce its transfer policy and the use of the
memorandum of transfer.
|Source Note: The provisions of this §510.43 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469