(a)The ambulatory surgical center (ASC) shall make
a report of the following incidents to the Health and Human Services
Commission (HHSC) Complaint and Incident Intake unit. An online report
prescribed by HHSC or a [department. A] written letter
of explanation with supporting documents shall be submitted [
mailed] to HHSC [the department] within
10 business days of the incident. [The mailing address is Department
of State Health Services, Facility Licensing Group, Post Office Box
149347, Austin, Texas 78714-9347.]
(1)The death of a patient while under the care of
the ASC; and
[(2)The transfer of a patient to
a hospital;]
(2)[(3)] Patient development
of complications within 24 hours of discharge from the ASC resulting
in admission to a hospital. [; and]
[(4)A patient stay exceeding 23 hours.]
(b)On an annual basis, the ASC shall report the types
and numbers of procedures performed and the average length of stay
during the previous 12-month period. The report shall be made using
a form to be prescribed by HHSC [the department].
(c)Any theft of drugs and/or diversion of controlled
drugs shall be reported to the local police agency, the Texas State
Board of Pharmacy, the Texas Department of Public Safety, and/or the
Drug Enforcement Administration, and the Department of State Health
Services.
(d)An ASC that performs abortions shall comply with
the reporting requirements specified in the Texas Health and Safety
Code, Chapters 171 and 245, and Chapter 139 of this title.
(e)The ASC shall submit reports to the department
in accordance with the reporting requirements in Texas Health and
Safety Code, §98.103 and §98.1045 (relating to Reportable
Infections and Reporting of Preventable Adverse Events).
(f)Occurrences of fire in the ASC shall be reported
as specified under §135.41(a)(2) of this title (relating to Fire
Prevention and Protection) and §135.43(b)(6) of this title (relating
to Handling and Storage of Gases, Anesthetics, and Flammable Liquids).
(g)An ASC that donates human fetal tissue under Texas
Health and Safety Code, Chapter 173, shall submit an annual report
to the Health and Human Services Commission that includes for each
donation the specific type of fetal tissue donated and the accredited
public or private institution of higher learning that received the
donation. The ASC shall submit the annual report no later than January
31st of the subsequent year.
(h)The ASC shall submit to the Department
of State Health Services (DSHS) the number of functioning ventilators
and other respiratory support equipment at the ASC and any additional
information required by DSHS, in the manner prescribed by DSHS.
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
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