The following words and terms, when used in these sections,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1)Act--Texas Ambulatory Surgical Center Licensing
Act, Health and Safety Code, Chapter 243.
(2)Action plan--A written document that includes specific
measures to correct identified problems or areas of concern; identifies
strategies for implementing system improvements; and includes outcome
measures to indicate the effectiveness of system improvements in reducing,
controlling or eliminating identified problem areas.
(3)Administrator--A person who is a physician, is
a registered nurse, has a baccalaureate or postgraduate degree in
administration or a health-related field, or has one year of administrative
experience in a health care setting.
(4)Advanced practice registered nurse (APRN)--A registered
nurse approved by the Texas Board of Nursing to practice as an advanced
practice registered nurse in Texas. The term includes a nurse practitioner,
nurse midwife, nurse anesthetist, and clinical nurse specialist. The
term is synonymous with "advanced nurse practitioner."
(5)Ambulatory Surgical Center (ASC)--A facility that
primarily provides surgical services but may provide other health
care services to patients [who do not require overnight
hospitalization or extensive recovery, convalescent time or observation.
The planned total length of stay for an ASC patient shall not exceed
23 hours. Patient stays of greater than 23 hours shall be the result
of an unanticipated medical condition and shall occur infrequently.
The 23-hour period begins with the induction of anesthesia].
(6)Autologous blood units--Units of blood or blood
products derived from the recipient.
(7)Available--Able to be physically present in the
facility to assume responsibility for the delivery of patient care
services within five minutes.
(8)Certified registered nurse anesthetist (CRNA)--A
registered nurse who has current certification from the Council on
Certification of Nurse Anesthetists and who is currently authorized
to practice as an advanced practice registered nurse by the Texas
Board of Nursing.
(9)Change of ownership--
(A)a sole proprietor who transfers all or part of
the ASC's ownership to another person or persons;
(B)the removal, addition, or substitution of a person
or persons as a general, managing, or controlling partner in an ASC
owned by a partnership and the tax identification number of that ownership
changes; or
(C)a corporation that transfers all or part of the
corporate stock which represents the ASC's ownership to another person
or persons and the tax identification number of that ownership changes.
(10)Dentist--A person who is currently licensed under
the laws of this state to practice dentistry.
(11)Department--The Department of State Health Services.
(12)Disposal--The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste or hazardous waste
(whether containerized or uncontainerized) into or on any land or
water so that such solid waste or hazardous waste or any constituent
thereof may enter the environment or be emitted into the air or discharge
into any waters, including ground waters.
(13)Extended observation--The period of time that
a patient remains in the facility following recovery from anesthesia
and discharge from the postanesthesia care unit, during which additional
comfort measures or observation may be provided.
(14)Health care practitioners (qualified medical personnel)--Individuals
currently licensed under the laws of this state who are authorized
to provide services in an ASC.
(15)Licensed vocational nurse (LVN)--A person who
is currently licensed by the Texas Board of Nursing as a licensed
vocational nurse.
(16)Medicare-approved reference laboratory--A facility
that has been certified and found eligible for Medicare reimbursement,
and includes hospital laboratories which may be Joint Commission or
American Osteopathic Association accredited or nonaccredited Medicare
approved hospitals, and Medicare certified independent laboratories.
(17)Person--Any individual, firm, partnership, corporation,
or association.
(18)Physician--An individual licensed by the Texas
Medical Board and authorized to practice medicine in the State of
Texas.
(19)Premises--A building where patients receive outpatient
surgical services.
(20)Registered nurse (RN)--A person who is currently
licensed by the Texas Board of Nursing as a registered nurse.
(21)Surgical technologist--A person who practices
surgical technology as defined in Health and Safety Code, Chapter
259.
(22)Title XVIII--Title XVIII of the United States
Social Security Act, 42 United States Code (USC), §§1395
et seq.
The agency certifies that legal counsel has reviewed
the emergency adoption and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 27, 2020
TRD-202001270 Karen Ray
Chief Counsel
Department of State Health Services
Effective date: March 27, 2020
Expiration date: July 24, 2020
For further information, please call: (512) 834-4591
|
