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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 133HOSPITAL LICENSING
SUBCHAPTER COPERATIONAL REQUIREMENTS
RULE §133.45Miscellaneous Policies and Protocols

  (2) the rules of the Office of the Attorney General found at 1 TAC Chapter 55, Subchapter J (relating to Voluntary Paternity Acknowledgment Process).

(f) Harassment and abuse. A hospital shall adopt, implement and enforce a written policy for identifying and addressing instances of alleged verbal or physical abuse or harassment of hospital employees or contracted personnel by other hospital employees or contracted personnel or by a health care provider who has clinical privileges at the hospital.

(g) Information for parents of newborn children. A hospital that provides prenatal care to a pregnant woman during gestation or at delivery of an infant, shall adopt, implement and enforce written policies to ensure compliance with HSC, Chapter 161, Subchapter T, §161.501 (relating to Parenting and Postpartum Counseling Information).

  (1) The policy shall require that the woman and the father of the infant, if possible, or another adult caregiver for the infant, be provided with a resource pamphlet which includes:

    (A) information on professional organizations providing counseling and assistance relating to postpartum depression and other emotional trauma associated with pregnancy and parenting;

    (B) information regarding the prevention of shaken baby syndrome, as specified under HSC, §167.501(a)(1)(B)(i) - (iv);

    (C) a list of diseases for which a child is required by state law to be immunized and the appropriate schedule for the administration of those immunizations; and

    (D) the appropriate schedule for follow-up procedure for newborn screening.

  (2) The policy shall include a requirement that it be documented in the woman's record that the information was provided, and that the documentation be maintained for at least five years.

(h) Abortion. A hospital that performs abortions shall adopt, implement and enforce policies to:

  (1) ensure compliance with HSC, Chapter 171;

  (2) ensure compliance with Occupations Code, §164.052(a)(19) (relating to Parental Consent for Abortion).

(i) Influenza and pneumococcal vaccine for elderly persons. The hospital shall adopt, implement and enforce a policy for providing influenza and pneumococcal vaccines for elderly persons. The policy shall:

  (1) establish that an elderly person, defined as 65 years of age older, who is admitted to the hospital for a period of 24 hours or more, is informed of the availability of the influenza and pneumococcal vaccines, and, if they request the vaccine, is assessed to determine if receipt of the vaccine is in their best interest. If determined appropriate by the physician or other qualified medical personnel, the elderly person shall receive the vaccines prior to discharge from the hospital;

  (2) include provisions that the influenza vaccine shall be made available in October and November, and if available, December, and pneumococcal vaccine shall be made available throughout the year;

  (3) require that the person administering the vaccine ask the elderly patient if they are currently vaccinated against influenza or pneumococcal disease, assess potential contraindications, and then, if appropriate, administer the vaccine under approved hospital protocols; and

  (4) address required documentation of the vaccination in the patient medical record.

  (5) The department may waive requirements related to the administration of the vaccines based on established shortages of the vaccines.

(j) Human Trafficking Signage Required. A licensed hospital shall comply with human trafficking signage requirements in accordance with Texas Health and Safety Code §241.011 (relating to Human Trafficking Signs Required).


Source Note: The provisions of this §133.45 adopted to be effective June 21, 2007, 32 TexReg 3587; amended to be effective September 14, 2014, 39 TexReg 7140; amended to be effective January 6, 2022, 46 TexReg 9304

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