|(a) Determination of death. The hospital shall adopt,
implement, and enforce protocols to be used in determining death which
comply with Health and Safety Code (HSC), Title 8, Subtitle A, Chapter
671, Subchapter A (relating to Determination of Death).
(b) Organ and tissue donors. The hospital shall adopt,
implement, and enforce a written protocol to identify potential organ
and tissue donors which is in compliance with the Texas Anatomical
Gift Act, HSC, Chapter 692. The hospital shall make its protocol available
to the public during the hospital's normal business hours. The hospital's
protocol shall include all requirements in HSC, §692.013 (relating
to Hospital Protocol).
(c) Professional nurse reporting and peer review. A
facility shall adopt, implement, and enforce a policy to ensure that
the facility complies with Occupations Code, §301.401 (relating
to Grounds for Reporting Registered Nurse), §301.402 (relating
to Duty of Registered Nurse to Report), §301.403 (relating to
Duty of Peer Review Committee to Report), §301.404 (relating
to Duty of Nursing Educational Program to Report), §301.405 (relating
to Duty of Person Employing Registered Nurse to Report), and Chapter
303 (relating to Nursing Peer Review), and with the rules adopted
by the Board of Nurse Examiners at 22 Texas Administrative Code, §217.16
(relating to Minor Incidents), §217.19 (relating to Incident-Based
Nursing Peer Review) and §217.20 (relating to Safe Harbor Peer
Review for RNs).
(d) Discrimination prohibited. A facility shall not
discriminate based on a patient's disability and shall comply with
Texas Health and Safety Code Chapter 161, Subchapter S (relating to
Allocation of Kidneys and Other Organs Available for Transplant).
|Source Note: The provisions of this §510.44 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; amended to be effective January 6, 2022, 46 TexReg 9399