| (a) Written policies and procedures. A hospital shall
develop written policies and procedures that ensure compliance with
this subchapter.
(b) Compliance by staff. All staff members shall comply
with this subchapter and the policies and procedures of the hospital
required by subsection (a) of this section.
(c) Responsibility of hospital. A hospital shall be
responsible for a staff member's compliance with this subchapter and
the policies and procedures required by subsection (a) of this section.
(d) Enforcement of policies and procedures. A hospital
shall take appropriate measures to ensure a staff member's compliance
with this subchapter and the policies and procedures required by subsection
(a) of this section.
(e) Implementation of physician orders. A hospital
shall implement all orders issued by a physician for a patient or
provide adequate written justification for failing to implement the
orders.
(f) Physician delegation. Except as provided by §568.22(h)(3)
of this chapter (relating to Voluntary Admission), or other state
law as applicable, a physician may delegate any medical service described
in this subchapter in accordance with Texas Occupations Code §157.001.
(g) Compliance with rules. A hospital shall comply
with the following HHSC rules:
(1) 25 TAC Chapter 405, Subchapter E (relating to Electroconvulsive
Therapy (ECT));
(2) 25 TAC Chapter 415, Subchapter A (relating to Prescribing
of Psychoactive Medication);
(3) 25 TAC Chapter 415, Subchapter F (relating to Interventions
in Mental Health Services) however, this does not prohibit the use
of law enforcement in a situation that sufficiently warrants the need
for law enforcement assistance, including to regain safety in the
hospital;
(4) 25 TAC Chapter 414, Subchapter I (relating to Consent
to Treatment with Psychoactive Medication-Mental Health Services);
and
(5) 25 TAC Chapter 404, Subchapter E (relating to Rights
of Persons Receiving Mental Health Services).
(h) Compliance with Treatment Facilities Marketing
Practices Act. Unless it is exempt, a hospital shall comply with Texas
Health and Safety Code Chapter 164 (relating to Treatment Facilities
Marketing and Admission Practices).
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