(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 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.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on September 6, 2018
TRD-201803886 Karen Ray
Chief Counsel
Department of State Health Services
Effective date: September 30, 2018
Proposal publication date: June 8, 2018
For further information, please call: (512) 424-6968
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