| (a) Determination of death. The facility shall adopt,
implement, and enforce protocols to be used in determining death which
comply with Texas Health and Safety Code (HSC) Chapter 671, Subchapter
A.
(b) Organ and tissue donors. The facility shall adopt,
implement, and enforce a written protocol to identify potential organ
and tissue donors which complies with the HSC Chapter 692A. The facility
shall make its protocol available to the public during the facility's
normal business hours. The facility's protocol shall include all requirements
in HSC §692A.015.
(c) Professional nurse reporting and peer review. A
facility shall adopt, implement, and enforce a policy to ensure that
the facility complies with Texas Occupations Code Chapter 301, Subchapter
I and Texas Occupations Code Chapter 303, and with the rules adopted
by the Texas Board of Nursing at Texas Administrative Code, Title
22 §217.16 (relating to Minor Incidents), §217.19 (relating
to Incident-Based Nursing Peer Review and Whistleblower Protections)
and §217.20 (relating to Safe Harbor Nursing Peer Review and
Whistleblower Protections).
(d) Discrimination prohibited. A facility shall not
discriminate based on a patient's disability and shall comply with
HSC Code Chapter 161, Subchapter S.
(e) Prohibited discharge of a patient to certain group-centered
facilities. A facility shall comply with HSC §256.003.
(1) Except as provided by paragraph (2) of this subsection,
a facility may discharge or release a patient to a group home, boarding
home facility, or similar group-centered facility only if the person
operating the group-centered facility holds a license or permit issued
in accordance with applicable state law.
(2) A facility may discharge or release a patient to
a group home, boarding home facility, or similar group-centered facility
operated by a person who does not hold a license or permit issued
in accordance with applicable state law only if:
(A) there is no group-centered facility operated in
the county where the patient is discharged that is operated by a person
holding the applicable license or permit; or
(B) the patient voluntarily chooses to reside in the
group-centered facility operated by an unlicensed or unpermitted person.
|
| 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; amended to be effective December 31, 2024, 49 TexReg 10649 |
