Texas Register

RULE §135.26Reporting Requirements
ISSUE 04/10/2020
ACTION Emergency
EMERGENCY RENEWAL Effective Through: 09/22/2020
Preamble Texas Admin Code Rule

(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


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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