| (a) Planning responses to emergency medical conditions.
A hospital shall:
(1) identify potential emergency medical conditions
of:
(A) a patient;
(B) a prospective patient; and
(C) an individual who arrives on hospital property,
as defined in 42 CFR §489.24(b), requesting examination or treatment
for a medical condition; and
(2) develop a written plan describing the specific
and appropriate action to be taken by the hospital to evaluate for
and stabilize each identified potential emergency medical condition,
which shall include:
(A) the administration of first aid and basic life
support when clinically indicated; and
(B) the use of the supplies and equipment described
in subsection (f)(2) of this section.
(b) Written record of evaluations. The hospital shall
keep a written record of all evaluations of individuals who arrive
on hospital property, as defined in 42 CFR §489.24(b), requesting
examination or treatment for a medical condition. The written record
shall include the following information:
(1) demographic data regarding the individual evaluated,
including the name, age, and sex of the individual;
(2) a description of the individual's complaint or
symptoms;
(3) whether the hospital determined that the individual
had an emergency medical condition and, if so, a description of the
condition;
(4) whether the hospital treated or refused to treat
the individual;
(5) whether the individual refused or consented to
treatment or transfer;
(6) whether the hospital stabilized the emergency medical
condition;
(7) whether the hospital admitted or released the individual;
and
(8) whether the hospital transferred the individual
and, if so, the individual's destination, time of transfer and mode
of transportation.
(c) Availability of physicians. At least one physician
shall always:
(1) be physically present at the hospital to respond
to an emergency medical condition of a patient; or
(2) be available to staff members by telephone, radio,
or audiovisual telecommunication to provide medical consultation.
(d) Response to emergency medical conditions. If a
hospital determines that a patient, prospective patient, or an individual
who arrives on hospital property requesting examination or treatment
for a medical condition has an emergency medical condition, the hospital
shall:
(1) act to stabilize the emergency medical condition
in accordance with the plan required by subsection (a)(2) of this
section; and
(2) if appropriate, transfer the individual in accordance
with the following, as applicable:
(A) §510.43 of this title (relating to Patient
Transfer Policy), or a transfer agreement made in accordance with §510.61
of this title (relating to Patient Transfer Agreements); or
(B) 25 TAC §133.44 (relating to Hospital Patient
Transfer Policy), or a transfer agreement made in accordance with
25 TAC §133.61 (relating to Hospital Patient Transfer Agreements).
(e) Qualified staff members. The hospital shall have
an adequate number of staff members who are qualified and available
to evaluate for and respond to emergency medical conditions in accordance
with the plan required by subsection (a)(2) of this section.
(f) Supplies and equipment.
(1) The hospital shall have an adequate amount of appropriate
supplies and equipment immediately available and fully operational
at the hospital to respond to emergency medical conditions in accordance
with the plan required by subsection (a)(2) of this section.
(2) The emergency supplies and equipment required by
paragraph (1) of this subsection shall include, at a minimum:
(A) oxygen;
(B) airways, manual breathing bags, and masks; and
(C) an automated external defibrillator.
(3) If an identifiable inpatient mental health services
unit in a hospital licensed under Texas Health and Safety Code Chapter
241 and 25 TAC Chapter 133 (relating to Hospital Licensing) has immediate
access to an automated external defibrillator located in another area,
the identifiable inpatient mental health services unit is not required
to comply with paragraph (2)(C) of this subsection.
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