| (a) The facility must detail in the medical record
every accident or incident, including allegations of mistreatment
of residents by facility staff, medication errors, and drug reactions.
(b) Accidents, whether or not resulting in injury,
and any unusual incidents or abnormal events including allegations
of mistreatment of residents by staff or personnel or visitors, must
be described in a separate administrative record and reported by the
facility in accordance with the licensure Act and this section.
(1) If the incident appears to be of a serious nature,
it must be investigated by or under the direction of the director
of nurses, the facility administrator, or a committee charged with
this responsibility.
(2) If the incident involves a resident and is serious
or requires special reporting to HHSC, the resident's responsible
party and attending physician must be immediately notified.
(c) Accident or incident reports must be retained for
at least two years following the occurrence and must contain the following
information.
(1) For incidents involving residents, the name of
the resident; witnesses, if any; date, time, and description of the
incident; circumstances under which it occurred; action taken including
documentation of notification of the responsible party and attending
physician, if appropriate; and the resident's current (post-incident)
health condition, including vital signs and date and time of entry.
(2) Incident reports describing incidents not involving
residents must contain such information as names of individuals involved,
date, time, witnesses (if witnesses were present), description of
the event or occurrence, including the circumstances under which it
occurred, action taken, and final disposition that indicates resolution
of the event or occurrence.
(d) The facility must investigate incidents/accidents
and complaints for trends which may indicate resident abuse. Trends
that might be identified include but are not limited to: type of accident,
type of injury, time of day, staff involved, staffing level, and relationship
to past complaints.
(e) The facility must make incident reports available
for review, upon request and without prior notice, by representatives
of HHSC, the U.S. Department of Health and Human Services, if applicable;
and the Texas Department of Family and Protective Services. The facility
must make reports related to specific incidents available to the State
Ombudsman and a certified ombudsman.
|
| Source Note: The provisions of this §554.1923 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective April 5, 2018, 43 TexReg 2017; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
