Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 135AMBULATORY SURGICAL CENTERS
SUBCHAPTER AOPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS
RULE §135.26Reporting Requirements
ISSUE 12/05/2008
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The ambulatory surgical center (ASC) shall make a report of the following incidents to the department. A written letter of explanation with supporting documents shall be mailed to 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;

  (2)The transfer of a patient to a hospital;

  (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 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 Health and Safety Code, §245.011.

(e)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).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 24, 2008

TRD-200806188

Lisa Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: January 4, 2009

For further information, please call: (512) 458-7111 x6972



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